How to contest a will: What you should know

Contesting a will is the legal process of challenging the validity or terms of a deceased person's last will and testament. When someone contests a will, they are essentially asking the court to declare the will invalid or to modify its provisions. This process typically occurs during probate, which is the legal procedure for administering a deceased person's estate. Key aspects of contesting a will include legal standing, grounds for contest, burden of proof, potential outcomes and risks and costs. Understanding these key elements is crucial for anyone considering a will contest or involved in estate planning. It's always advisable to consult with an experienced estate planning attorney before proceeding with a will contest.

The timeframe for contesting a will varies by state and can depend on several factors. Generally, most states have a statute of limitations for will contests that ranges from a few months to several years after the will is admitted to probate. Here are some key points to keep in mind:

• Probate filing deadline. In many states, interested parties have a specific timeframe (often 30 to 90 days) to file objections after receiving notice that the will has been submitted for probate.
• Discovery of new information. Some states allow for extended deadlines if new evidence or information comes to light that could affect the validity of the will.
• Fraud or concealment. If the will was fraudulently concealed, some jurisdictions may extend the contest period.

Given these variations and potential exceptions, waiting too long could result in losing your right to challenge the will altogether.

Yes, a trust can be contested after the death of the grantor (the person who created the trust). While trusts are generally more difficult to challenge than wills, there are circumstances where contesting a trust may be possible. Common grounds for contesting a trust include lack of mental capacity, undue influence, fraud or forgery, improper execution and ambiguity or errors. It's important to note that contesting a trust can be more challenging than contesting a will, as trusts often have built-in protections against challenges. Additionally, many trusts include "no-contest" clauses that can disinherit beneficiaries who unsuccessfully challenge the trust.

Not everyone has the legal right to contest a will or trust. To have "standing" to bring a challenge, an individual must generally fall into one of the following categories:

• Beneficiaries named in the current will or trust.
• Beneficiaries named in a previous will or trust who were disinherited or received less in the current document.
• Heirs-at-law (those who would inherit if there was no will, based on state intestacy laws).

It's important to note that simply being related to the deceased doesn't automatically grant the right to contest their will or trust. Additionally, having standing doesn't guarantee success in a contest. The challenger must still prove that there are valid legal grounds for invalidating or modifying the will or trust.

Many people have incorrect assumptions about inheritance rights, which can lead to confusion and potential legal issues. Here are some common misconceptions:

"The oldest child automatically inherits everything or becomes the executor." There's no legal basis for this belief. The deceased's wishes as expressed in their will (or state intestacy laws if there is no will) determine inheritance, not birth order.

"Verbal promises about inheritance are legally binding." In most cases, verbal promises about inheritance are not enforceable. For an inheritance to be legally valid, it generally needs to be in writing and properly executed according to state law.

"A spouse automatically inherits everything." While spouses often have strong inheritance rights, they don't always inherit the entire estate, especially if there are children from a previous relationship or if the deceased left a will specifying otherwise.

Understanding these common misconceptions can help individuals better navigate the complex world of inheritance law and make more informed decisions about estate planning and potential will contests.

Deciding whether to contest a will is a significant decision that requires careful consideration. Here are some factors to weigh when determining if a will contest is worth pursuing:

• Strength of your case, Assess the validity of your grounds for contesting the will. Do you have strong evidence of undue influence, lack of capacity or other legal grounds?
• Potential benefits. Consider the potential financial gain if your contest is successful. Is the potential inheritance substantial enough to justify the costs and risks of litigation?
• Costs of litigation. Will contests can be expensive, often costing tens of thousands of dollars or more. Evaluate whether you can afford the legal fees and court costs associated with a prolonged legal battle.

Ultimately, the decision to contest a will should be based on a careful analysis of these factors, preferably in consultation with a qualified attorney. While successful contests can result in significant financial gains or the honoring of a loved one's true wishes, unsuccessful challenges can be costly and emotionally draining.

Examining real-life examples of will contests can provide insights into the complexities of estate litigation and the factors that can influence outcomes.

Among the successful will contests, the estate of Huguette Clark stands out as a particularly intriguing case. Huguette Clark, a reclusive copper heiress, left behind a $300 million estate, the majority of which was bequeathed to her nurse and various charities, completely cutting out her family. This decision raised immediate red flags, prompting Clark's relatives to contest the will on grounds of undue influence.

Several factors contributed to the success of this challenge. The substantial bequest to Clark's nurse aroused suspicions of exploitation, especially given Clark's advanced age of 104 at the time of her death and her isolated lifestyle. Clark reportedly was 98 and in a hospital bed when she signed her will that replaced a previous version she had signed less than two months earlier. The drastic departure from societal norms and her previous expressions of intent in completely disinheriting her family in the new will also played a significant role. Ultimately, the dispute was settled out of court, with $34.5 million going to family members and the remainder to charity as originally intended.

Another notable, albeit complex, case is that of Anna Nicole Smith and the estate of J. Howard Marshall II. When oil tycoon Marshall died at 90, leaving most of his estimated $1.6 billion estate to his son, his 26-year-old widow, former Playboy model Anna Nicole Smith, challenged the will. Smith claimed Marshall had verbally promised her half his estate. This case dragged on for years, even continuing after Smith's death, and involved multiple court systems, including two trips to the U.S. Supreme Court.

While Smith's estate ultimately received nothing from Marshall's fortune, her daughter eventually received a $49 million settlement from the estate of Marshall's son. The partial success of this challenge can be attributed to the persistent legal strategy, the jurisdictional complexities that kept the case alive and the high-profile nature of the dispute. This case underscores how even unsuccessful court battles can sometimes lead to settlements.

On the flip side, there have been several high-profile unsuccessful will contests. The estate of Michael Jackson provides a prime example. After the King of Pop's death in 2009, his siblings contested the will, claiming it was fraudulent and that Jackson was in New York, not Los Angeles, when he allegedly signed it. However, this challenge failed for several reasons. The siblings couldn't provide concrete evidence to support their fraud allegations, and the will aligned with Jackson's publicly expressed desire to provide for his children and mother. Furthermore, the will appeared to be properly executed, with appropriate witnesses and notarization. The estate's legal team effectively countered all claims of invalidity, and the court ultimately rejected the challenge, upholding the will as valid.

Another unsuccessful contest involved the estate of Tom Carvel, founder of the Carvel ice cream chain. Carvel's will left his estate to his wife and charity, but his niece and nephew contested it, alleging that Carvel's wife had exerted undue influence. This legal battle stretched on for an astonishing 17 years before the will was finally upheld, with the estate going to Carvel's widow and charity as originally intended.

The failure of this challenge can be attributed to several factors. The contestants couldn't provide direct evidence of undue influence, and Carvel's will aligned with his known values and previous estate planning documents. Evidence suggested Carvel was of sound mind when he made the will, and the bequest to his wife of many years was not seen as unusual or suspicious. Carvel's history of philanthropy supported the charitable bequests in his will. Additionally, the protracted nature of the litigation may have exhausted both resources and sympathy for the challengers.

These cases offer several key takeaways about will contests. First and foremost, they underscore the crucial importance of clear, well-documented estate planning. Wills that clearly express the testator's wishes and follow all legal formalities are more likely to withstand challenges. The cases also illustrate how difficult it can be to prove claims of undue influence, often requiring substantial evidence of exploitation or coercion.

Contesting a will is a complex legal process with potentially significant consequences. Understanding who can contest a will, the grounds for challenges and the potential outcomes is crucial for anyone considering this action. While successful contests can rectify injustices or honor a deceased person's true intentions, they also carry risks, including financial costs, emotional strain and potential loss of inheritance.

Before pursuing a will contest, it's essential to carefully evaluate the strength of your case, potential benefits and associated risks. Consulting with an experienced estate planning attorney can provide valuable insights and help you make an informed decision about whether contesting a will is the right course of action in your specific circumstances.

Remember, the best way to avoid will contests is through careful estate planning. Clear communication with family members, regular updates to estate documents, and working with qualified legal professionals can help ensure your wishes are honored and reduce the likelihood of disputes after your passing.