Challenging the validity of a Will

In the normal course of events challenges to invalidate Wills are brought by possible beneficiaries who received little or nothing in the Will. Challenges to the validity of a Will must be filed in the Supreme Court soon after the person making the challenge receives Notice of the Death or of the Application to admit a Will to Probate. There has to be a valid legal ground for an objection brought against a Will. The typical types of objections include:

(1) The Will was not properly drawn, signed, or witnessed, according to the state's formal requirements;
(2) The decedent lacked mental capacity at the time the Will was executed;
(3) There was fraud, force, or undue influence; or
(4) The Will was a forgery.

If there is even the smallest possibility of a probable contest Will, an experienced Probate lawyer is a must to help you prepare your Will or file a challenge. Your lawyer may videotape your execution of the Will (signing before witnesses), and she or he may put in provisions that would give anyone challenging the Will nothing at all should the challenge fail.

Will contests are arduous, both for the person bringing the challenge and for the Estate of the deceased. The money to pay to defend or bring a Will contest is deducted out of the total assets of the Estate, and all the beneficiaries suffer.

If you wish to prepare a Will you should do everything possible to avoid a Will challenge if you know someone will be disappointed or angry about the provisions of your Will.

If the Will is held to be invalid, the Supreme Court may invalidate all provisions of the Will or only the challenged part. If the entire Will is held to be invalid, generally the proceeds are distributed under the laws of Intestacy (the laws that apply when there is no Will).

If you have not been adequately provided for under a Will and are entitled then you may have a claim under the Family Provisions Act. lease refer to our respective web page.