Contesting or Declaring a Will Invalid

Dissatisfied relatives who believe they did not get a fair part of the inheritance will attempt to have the Will declared void by fighting it in court.

A disgruntled relative who believes he or she did not get a “fair share” of the estate may often attempt to have the last will and testament declared void by disputing the will in court. Only a person with legal standing may oppose a final will and testament; this means that he or she must be a listed beneficiary in the will or be eligible to inherit if the current will is found invalid.

A typical tactic for declaring a final will and testament invalid is to claim that the deceased was not of sound mind and could not comprehend what he or she was doing when the will was created. Another technique is to claim that the last will and testament was influenced or coerced by another individual. To assess the legitimacy of the document, the court will summon the witnesses to the will or adduce their affidavits.

To prevent such challenges, several jurisdictions enable final wills and testaments to contain a “no-contest” language. This section basically implies that anybody who loses their legal challenge to the will gets nothing.

If the will is deemed void, the assets at stake become intestacy. In general, intestate distribution follows familial relationships, with assets going first to the spouse, then to the children, and so on.

Disagreements over a final will and testament may be harmful to family connections. A family conference with a neutral third party might aid in the resolution of any disagreements outside of court. This, however, is not always achievable. Contact an estate planning attorney for assistance in settling a challenged final will and testament.