Navigating the legal complexities of Will contests can be challenging, especially when emotions run high and family dynamics are strained. If you find yourself in a situation where you believe a loved one’s will doesn’t reflect their true wishes, or if you’re seeking to protect your inheritance, it’s important to understand your options and the legal process involved.
At Douglass and Runger in Memphis, we are here to help you contest a Will. We offer professional, friendly, and supportive legal services tailored to your unique situation.
What is a Will Contest?
A Will contest is a legal challenge to the validity of a Will. These disputes often arise when an heir or beneficiary believes the will does not accurately reflect the deceased’s intentions or was executed under questionable circumstances. Common grounds for contesting a will include claims of undue influence, lack of mental capacity, fraud, or improper execution of the Will.
Contesting a Will is a complex legal process involving presenting evidence in probate court to challenge the document’s validity. While these cases can be difficult and emotionally taxing, they are sometimes necessary to ensure that the deceased’s wishes are honored and that rightful heirs receive their inheritance.
Why Would Someone Contest a Family Member’s Will?
There are many reasons someone might choose to contest a will. Some common scenarios include:
- Undue Influence: A family member or caregiver may have pressured the testator (the person making the Will) into making changes to the Will that benefit them unfairly.
- Lack of Mental Capacity: The testator may not have been of sound mind when they created or amended the Will, which could make the will invalid.
- Fraud: There may be allegations that the Will was forged or that the testator was deceived into signing it.
- Multiple Wills: Conflicting versions of a Will can lead to disputes among heirs and beneficiaries, particularly if the most recent version contradicts earlier documents.
- Codicils and Amendments: Disputes can also arise when changes are made to a Will through codicils (amendments), especially if those changes are unclear or improperly executed.
Common Types of Challenges Against a Will
When contesting a will, the following challenges are often raised:
- Testamentary Capacity: Arguing that the testator lacked the mental capacity to understand the nature and consequences of their actions when creating or amending the Will.
- Undue Influence: Asserting that the testator was manipulated or coerced by someone with a close relationship with them.
- Improper Execution: Claiming that the Will was not properly signed, witnessed, or executed according to state law.
- Fraud or Forgery: Alleging that the testator was deceived into signing the Will or that the document contains forged signatures or terms.
How to Avoid Will Contests?
While Will contests can be contentious and emotionally draining, they are not inevitable. Taking steps to ensure that your estate planning documents are clear, legally sound, and reflective of your true wishes can go a long way in preventing disputes. Here are some strategies:
- Communicate Your Intentions: Discussing your estate plan with your family and loved ones can help prevent misunderstandings and disputes after you’re gone.
- Consult an Estate Planning Attorney: An experienced estate planning attorney can help you draft a legally sound Will that minimizes the risk of a contest.
- Include a No-Contest Clause: A no-contest clause, also known as an “in terrorem” clause, can discourage heirs from challenging your will by threatening to disinherit them if they file a lawsuit.
- Get a Medical Evaluation: If you are concerned about challenges based on mental capacity, obtaining a medical evaluation at the time you create your will can help protect against future claims.
- Keep Your Will Updated: Regularly updating your will to reflect changes in your life, such as the birth of children or changes in your financial situation, can help ensure that your estate plan remains relevant and less prone to disputes.
What Happens if Someone Contests a Will?
If someone decides to contest a Will, the process typically begins with filing a formal objection in probate court. The court will then review the evidence presented by both sides and determine whether the Will is valid. If the court finds that the Will is invalid, it may be set aside entirely, or certain provisions may be voided.
Contesting a Will can be time-consuming and expensive, with legal fees accumulating over the course of the litigation. Additionally, Will contests can create deep rifts within families, so it’s important to carefully consider whether contesting a Will is the right course of action.
Attacking the capacity of the testator
The testator (the person creating the Will; in other words, the deceased) must possess a certain level of awareness and understanding about the document he or she is creating, the assets that are affected, and to whom he or she wishes to bequest those assets. If there are questions about their mental capacity – for example, the testator signed his or her Will and was declared legally incompetent the next day – a challenge to the Will can be raised.
Multiple Wills
A person is only supposed to have one active Will at any time. When the testator creates multiple Wills, all appearing valid, a contest can quickly develop to determine which Will should be honored.
Codicils to Wills
If a person wishes to change his or her Will, he or she will create a codicil to record those changes. Codicils are supposed to follow the same formalities as Wills; when not, a dispute may arise over whether the information in the Codicil should be adhered to.
Vague, Missing, or Illegal Terms
If a Will contains flaws – it does not list all the testator’s assets, is missing information about certain beneficiaries such that they cannot be identified, or does not comply with the legalities required by statute – a contest can develop to determine if the Will should be honored and/or what the specific terms of the Will ought to be.
The Role of Douglass and Runger in Will Contests
At Douglass and Runger, our experienced estate litigation attorneys are committed to helping you protect your rights and the legacy of your loved ones. Whether contesting a Will or defending against a contest, we offer the legal support and guidance you need during this challenging time. Our approach is both professional and compassionate, recognizing the sensitive nature of these disputes.
We will work with you to build a strong case, gather the necessary evidence, and represent your interests in court. Additionally, we will help you understand the legal implications of your situation and explore all possible avenues for resolution, including mediation and settlement, to minimize the emotional and financial toll on you and your family.
