{"id":287104,"date":"2016-04-04T11:02:24","date_gmt":"2016-04-04T16:02:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/wills\/reasons-to-challenge-a-will.html"},"modified":"2025-03-31T12:46:47","modified_gmt":"2025-03-31T17:46:47","slug":"reasons-to-challenge-a-will","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/wills\/reasons-to-challenge-a-will.html","title":{"rendered":"Reasons To Challenge a Will"},"content":{"rendered":"\n
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Reasons To Challenge a Will<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Steven Ellison, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Before they are administered, wills are often scrutinized in court to make sure they are genuine expressions of the testators’ intent. These courts are known as probate courts. Nearly all wills pass through the probate process<\/a> without issue. A contested will is rare. However, there are several legal reasons to invalidate a will.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

It is tough to contest a will<\/a>. Courts view a will as the voice of the person who wrote it<\/a>. This person is known as the "testator" when alive and the "decedent" once they die. Because the testator cannot express or clarify their wishes after death, courts adhere closely to the text of the will.<\/p>\r\n

Before they are administered, wills are often scrutinized in court to make sure they are genuine expressions of the testators’ intent. These courts are known as probate courts. Nearly all wills pass through the probate process<\/a> without issue. A contested will is rare. However, there are several legal reasons to invalidate a will.<\/p>\r\n

Ways to Challenge a Will<\/h2>\r\n

A petitioner can base a will contest on allegations that the testator:<\/p>\r\n

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  1. Lacked capacity<\/a><\/li>\r\n
  2. Was manipulated to write the will a certain way<\/li>\r\n
  3. Did not follow all necessary procedures or state laws in the execution of the will<\/li>\r\n<\/ol>\r\n

    A successful challenge can void a will in part or entirely. If voided in any respect, courts will act as though the will never existed. The distribution of the estate then proceeds according to state intestacy laws<\/a>. Sometimes a court will use provisions from a previous will to fill in gaps.<\/p>\r\n

    Who Can Contest a Will?<\/h2>\r\n

    Anyone with a stake in the estate has legal standing to challenge a will. Any interested party, from disgruntled family members to unsatisfied creditors, may contest a will. This article outlines common reasons one might challenge the validity of a will.<\/p>\r\n

    Lack of Testamentary Capacity<\/h2>\r\n

    "Testamentary capacity" describes the mental state to make a will. Adults are presumed to have this ability. Challenging this presumption usually involves arguing that the adult was not of "sound mind" at the will’s execution. A party can prove undue influence with evidence of the following:<\/p>\r\n