When disagreements arise over the validity of a will or trust, estate litigation can quickly become complicated and emotionally charged. Challenging these documents involves proving that the decedent’s wishes were compromised or that legal formalities were not followed. Whether you are a disinherited heir or a concerned family member, understanding how to challenge a will or trust can help protect your rights and ensure fairness in the distribution of assets.

Understanding the Grounds for Challenging a Will or Trust

Before taking legal action, it is essential to understand the valid grounds for challenging a will or trust. Not every disagreement about an inheritance leads to a successful challenge. Courts only consider certain legal reasons when deciding whether to invalidate a will or trust.

Lack of Testamentary Capacity

A will or trust can be challenged if the person who created it, known as the testator or grantor, lacks the mental capacity to make sound decisions at the time of signing. To establish a lack of capacity, the challenger must prove that the individual did not understand the nature of their estate, the identities of their beneficiaries, or the consequences of their decisions. Medical records, expert testimony, and witness statements often play a critical role in these cases.

Undue Influence

Undue influence occurs when someone manipulates or coerces the testator into changing their will or trust to benefit themselves. This type of influence typically involves exploiting a position of trust, especially when the testator is elderly, ill, or vulnerable. To prove undue influence, challengers must demonstrate that the testator’s free will was overpowered by another person’s improper influence, resulting in decisions that do not reflect the testator’s true wishes.

Fraud or Forgery

Challenging a will or trust may also be possible if the document was created under fraudulent circumstances or if the signature was forged. Fraud occurs when someone intentionally deceives the testator by presenting false information or misleading them into making changes to their estate plan. Forgery involves the unauthorized signing of the document, rendering it invalid. Proving fraud or forgery can require forensic analysis and expert testimony.

Improper Execution

Wills and trusts must be executed following state laws, including requirements for signatures, witnesses, and notarization. If these formalities are not met, the document may be declared invalid. For instance, if a will lacks the necessary witness signatures or if a trust is improperly notarized, a court may refuse to enforce its provisions.

Revocation or Subsequent Changes

A will or trust can also be challenged if there is evidence that the testator revoked the document or created a subsequent version that overrides the earlier one. Courts will typically honor the most recent valid document unless there is doubt about its authenticity or execution.

Who Can Challenge a Will or Trust?

Only certain individuals have the legal standing to challenge a will or trust in court. To file a challenge, you must have a direct interest in the outcome of the estate, which usually includes beneficiaries named in the document, heirs who would inherit under intestacy laws if the will is invalidated, or individuals named in previous versions of the will or trust. If you do not fall into one of these categories, the court is unlikely to consider your challenge.

The Process of Challenging a Will or Trust

Challenging a will or trust involves multiple legal steps, and timing is crucial. Understanding the process can help ensure that your challenge is handled correctly and that you do not miss important deadlines.

Filing a Petition with the Probate Court

To initiate a challenge, the interested party must file a petition with the probate court in the jurisdiction where the estate is being administered. The petition should outline the grounds for the challenge and present evidence to support the claim. It is critical to adhere to the statute of limitations, which varies by state, as missing the deadline can prevent your case from being heard.

Gathering Evidence and Building Your Case

Once the petition is filed, the discovery process begins. During discovery, both parties exchange information and gather evidence to support their positions, which may involve obtaining medical records, depositions from witnesses, and expert opinions on capacity, handwriting, or undue influence. Strong evidence is essential in establishing the validity of your challenge.

Proceeding to Trial if Necessary

If mediation fails or the parties cannot reach an agreement, the case moves to trial. During the trial, both sides present their evidence and arguments to the judge. The judge then evaluates the evidence and makes a final decision on whether to uphold or invalidate the will or trust. A successful challenge may result in the court disregarding the contested document and distributing the estate according to previous documents or intestacy laws.

Hiring an Experienced Estate Litigation Attorney

Challenging a will or trust is a complex legal process that requires a deep understanding of estate law and courtroom procedure. An experienced estate litigation attorney can evaluate your case, gather the necessary evidence, and advocate on your behalf during negotiations or at trial. Attempting to challenge a will or trust without skilled legal representation can lead to missed opportunities, procedural errors, and unsuccessful outcomes.

Protecting Your Rights in Estate Litigation

Challenging a will or trust is not a decision to take lightly. It requires a thorough understanding of the legal grounds, a strategic approach to building your case, and a willingness to navigate the complexities of probate court. Protecting your inheritance and ensuring the deceased’s true intentions are honored often requires experienced legal guidance. Call Beeman Heifner Benge P.A. today to schedule a free consultation with our team at 765-684-4355.