Disputes over a loved one’s estate can be emotional and confusing. Many people aren’t sure whether they can challenge a will or trust, or whether they even have the legal right to do so.

The following is a simple overview to help you understand who may contest or challenge these documents, and what reasons are considered valid.

WHO CAN CONTEST THE VALIDITY OF A WILL OR TRUST?

1. Heirs-at-law: These are people who would inherit if the person had died without a will (for example, children, spouse, parents, or siblings).
2. Beneficiaries: Anyone named in the will or trust, even if they receive only a small gift.
3. Disinherited or Removed Individuals: Someone who was included in an earlier version of a will or trust, but left out of a new version, may have standing to challenge.
4. Creditors: In some situations, creditors may contest certain aspects of an estate if their ability to be paid is affected, though this is not very common.

REASONS TO CONTEST A WILL OR TRUST

A will or trust cannot be contested simply because someone feels it is “unfair.” There needs to be a legal basis, or cause. Some examples are:

1. Lack of Capacity: The person creating the will or trust did not understand what they were signing. They must have been of “sound mind” when they signed their estate documents, meaning they had to understand:

   a. The nature and extent of their property;

   b. The identity of their natural heirs (their family); and

   c. The act of signing the will and/or trust and its effect on their property.

2. Undue Influence: Someone pressured, manipulated, or controlled the person into making decisions they wouldn’t have otherwise made.
3. Fraud or Forgery: The document was faked, altered without permission, or signed as a result of deceit.
4. Improper Execution: There are strict signing requirements for legal documents. A will or trust executed incorrectly may be invalid.
5. Revocation: A more recent will or trust may override an older one, or the person may have revoked it prior to passing away.

WHEN SHOULD YOU TAKE ACTION?

A will must be challenged before it is admitted to probate or within three months after. Challenges to a trust usually need to be made within a set number of days after receiving notice of an action or change from the trustee. Both of these deadlines are determined by state statute and are considered “statutes of limitation.”

Missing a deadline can permanently prevent a challenge/claim, even if you have a strong case.

IF YOU HAVE CONCERNS

If something about a will or trust doesn’t seem right, it’s important to speak with us as soon as possible. We can help you determine:

1. Whether you have standing to challenge;
2. Whether you have legal grounds to challenge;
3. What deadlines apply; and
4. What evidence may be needed.