A will contest is when someone challenges the validity of a bequest or expedient in a will. Common reasons include lack of capacity, fraud, and undue influence. The disputing party must have standing to bring an appeal, and if not, the appeal will be archived.
A will contest is a challenge by one person as to the validity of a bequest – the transfer of personal property through a will – or an expedient – the passage of land through a will. Most commonly, a will contestation is made by a close family member challenging the interpreted intent of the deceased to leave a particular piece of property to a person. There are many reasons why a legacy or idea can be challenged. For example, the appellant may suggest that the deceased did not have the capacity to execute the will at the time of signing. Other common reasons include fraud and coercion, also called “undue influence.”
To bring a will appeal, the disputing party must have standing to do so, that is, they must have something to gain personally if the legal remedy is granted. In the context of a will, a party generally has a position if named in the will or will inherit from the deceased if relief resulting from the contest is granted. If the contestant has no legitimacy, the appeal will be immediately archived.
Perhaps the most common reason for a will dispute is that the deceased did not have the capacity to execute the will at the time they did so. To have capacity, the deceased generally must be of legal age and have sufficient mental awareness to understand and appreciate the consequences of his actions. For example, the complaining party may challenge a will made just before the deceased’s death on the grounds that, due to the illness that ultimately resulted in his death, the deceased did not have sufficient awareness to properly execute the will. If the deceased was heavily medicated at the time of execution, this alone may be grounds for deeming the will invalid.
Another common ground for declaring a will invalid is the allegation that the deceased was under undue influence at the time the will was made. Undue influence can arise where the will was enforced as a result of pressure from a third party in a position of power over the deceased. Also, someone making a will may claim that the party entitled to profit from the bequest or contrivance fabricated the will and forged the deceased’s signature.
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