Dealing with the emotional aftermath of a loved one passing away is always a challenge, but matters can become even more stressful if someone is contesting a will. Contesting a will can delay the probate process, increase costs, and strain family relationships.
Whether you are a beneficiary or the executor of the estate, it’s important to understand why wills are contested, what your rights and responsibilities are, and how such disputes can be resolved.
Why Someone Might Contest a Will
Wills are typically considered legally binding documents, but there are several potentially valid reasons why someone might challenge one:
- Lack of Testamentary Capacity. The challenger may claim that the deceased, known as a testator, was not of sound mind when the will was created and therefore could not understand the implications of their decisions.
- Undue Influence. The challenger believes that the testator was pressured or manipulated into making certain provisions in the will that unfairly favor other beneficiaries.The death of the “Godfather of Soul” James Brown in 2006 led to over a decade of legal battles concerning his estate. Brown’s will, executed in 2000, aimed to leave the bulk of his assets to a charitable trust. However, the will was challenged by several individuals, including his wife and several of his children, who alleged undue influence on the part of Brown’s advisors.
The dispute was complicated by questions surrounding the validity of Brown’s marriage and the paternity of some of his children. The protracted litigation, marked by numerous appeals and reversals, delayed the distribution of his estate by 15 years, serving as a stark example of how family disputes and allegations of undue influence can derail an estate plan.
- Fraud or Forgery. There may be claims that the will is fake or that the testator was deceived into signing it.The death of eccentric billionaire Howard Hughes in 1976 sparked one of the most high-profile will contests in history. With no known will immediately surfacing, a handwritten document appeared. This will left a significant portion of his vast fortune to a gas station owner named Melvin Dummar.
However, the will was ultimately declared a forgery after extensive litigation, and Hughes’ estate was distributed among his many cousins. The complexity of Hughes’ life and his unusual reclusiveness only added to the intrigue and legal challenges.
- Improper Execution. A will must meet specific legal requirements to be valid. For example, most states require the document to be in writing, signed by the testator, and witnessed by at least two people. If any of these formalities were not followed, the will could be deemed invalid.
What Beneficiaries and Executors Can Do
If someone is contesting a will, there are steps both the beneficiaries and the executor (the person named to carry out the terms of the will) can take.
Consult an Attorney
Whether you are a beneficiary defending your inheritance or the executor responsible for defending the will, legal counsel is crucial. An attorney with probate litigation experience can help assess the validity of the challenge, explain your rights, and represent you in court if necessary. The experienced attorneys at Kurre Schneps can help you.
Gather and Review All Relevant Documents
As part of the court process, access will be sought to the following:
- The will (and any prior versions)
- Medical records, if capacity is being questioned
- Statements from witnesses, such as the drafting attorney or the will’s signatories
- Any communications that may show undue influence or fraud
Understand the Contest Timeline
In New York, after a Will is filed a citation (notice) is issued and served on the distributees (typically, closest living relatives), with a specific deadline to respond.
How the Dispute May Be Resolved
There are a few potential outcomes and methods for resolving a will contest.
Mediation or Settlement
Rather than going to trial, the parties may choose or be ordered to attend mediation. This process is often faster and less costly than litigation and can help preserve relationships with family members. A settlement might involve redistributing some assets to the challenger.
Probate Court Litigation
If the parties cannot agree, the matter may go to probate court. The judge or possibly a jury will evaluate evidence and testimony and decide whether the will is valid. If the court rules the will is invalid, it may reinstate a prior will or distribute the estate according to state intestacy laws (as if no will existed).
How to Prevent Contesting a Will
Although you can’t always prevent someone from contesting a will, you can take certain steps to reduce the chances:
- Use an experienced estate planning attorney to draft the will
- Avoid major last-minute changes to the will
- Consider using a no-contest clause
- Use a trust
Learn More
Contesting a will can be emotionally and financially draining for everyone involved. Whether you are a beneficiary, a disinherited heir, or the executor of the estate, it’s important to approach the situation calmly and with expert legal guidance. Understanding the grounds for contesting a will, the legal process, and your available options can help you navigate this difficult time more effectively. Contact the experienced attorneys at Kurre Schneps for assistance on contesting a Will, defending it, or preventing a contest in the first place by comprehensive estate planning.
