How to Challenge a Will (and When You Shouldn’t)

Wills are meant to provide clarity and peace of mind after someone’s passing a final word on how their assets should be distributed. But sometimes, that “final word” is disputed. Family members, caretakers, or even business partners may believe the will isn’t valid, doesn’t reflect the deceased’s true wishes, or was manipulated.

While challenging a will is a serious legal step, it’s not uncommon. The key is understanding when it’s justified and when it may do more harm than good.

When Can You Legally Challenge a Will?

Not just anyone can challenge a will. You must have legal standing meaning you are either a beneficiary named in the current or a prior version of the will, or you would have inherited something if no will existed (under intestate laws).

If you have standing, you must then prove grounds a valid legal reason why the will should be thrown out or modified.

Here are the most common legal grounds:

1. Lack of Testamentary Capacity

This means the person who created the will (the “testator”) didn’t understand what they were doing. A valid will requires that the testator:

Knew they were making a will
Understood the value and scope of their assets
Recognized their close family and natural heirs
Understood how the will distributed their property

This issue often arises in cases involving dementia, mental illness, or undue medication.

Example: A man in the late stages of Alzheimer’s signs a will cutting out his children. If there’s evidence he didn’t understand what he was doing, the will can be contested.

2. Undue Influence

Undue influence occurs when someone pressures or manipulates the testator into making decisions they wouldn’t have otherwise made.

This often involves:

A caretaker who isolates the testator
A new partner with sudden control over finances
A relative who pressures the testator to change their will in secrecy

Proving undue influence requires showing that the influencer had power over the testator and that the will unnaturally benefits them.

3. Fraud or Forgery

If a will was signed based on false information, or the signature was forged, it can be declared invalid.

This might include:

A beneficiary tricking the testator into signing something they didn’t know was a will
A fake or altered document submitted to probate

Forgery claims require handwriting experts or other evidence to support the allegation.

4. Improper Execution

Each state has specific rules about how a will must be executed typically requiring two witnesses and a written, signed document.

If the will wasn’t signed correctly, or there are missing or invalid witness signatures, it may be rejected by the probate court.

The Will Contest Process: Step-by-Step

Contesting a will isn’t as simple as raising a concern it involves legal filings, deadlines, and often, court battles. Here’s what to expect:

1. File a Petition in Probate Court

You’ll need to file a formal objection (also called a “will contest”) with the probate court where the will is filed.

Deadline: Varies by state — typically 30 to 120 days after the will is submitted to probate.

2. Gather Evidence

Collect medical records, witness testimony, emails, financial documents, or expert opinions that support your claim (e.g., a doctor saying the testator lacked mental capacity).

3. Attend Hearings and Possibly a Trial

Many will contests settle before trial, but if not, a judge (and in some cases a jury) will hear the evidence and make a ruling.

4. Outcome Options:

Entire will is invalidated and the estate is distributed under a prior will or intestacy law
Partial invalidation (only specific provisions are voided)
Settlement agreement is reached among all parties

When You Shouldn’t Challenge a Will

Not all unfair outcomes justify a will contest. Here’s when you may want to think twice:

You’re just unhappy with your share

If you feel slighted but there’s no legal wrongdoing, courts won’t intervene.

The cost outweighs the potential benefit

Will contests can be expensive and lengthy. If the estate is small, you may spend more on attorney fees than you stand to gain.

It will destroy family relationships

Challenging a will often pits family members against one another. If you lack strong evidence, consider whether it’s worth the emotional toll.

There’s a “no-contest” clause

Some wills contain clauses that disinherit anyone who challenges them. These are enforceable in many states unless you win your case.

Mediation: An Alternative to Litigation

Before going to court, consider probate mediation. Many disputes can be resolved outside of a courtroom, saving time, money, and relationships.

Mediation is especially useful when:

There’s some ambiguity in the will
Multiple siblings are in conflict
Caretakers and heirs disagree on intent

Protecting Yourself From Will Disputes

If you’re creating a will and want to avoid future challenges:

Use a qualified estate attorney
Include a self-proving affidavit
Avoid drastic last-minute changes
Communicate your intentions with heirs
Consider recording a video explaining your will (in states where admissible)

Conclusion: Know Your Rights — But Be Realistic

Challenging a will is legally possible and sometimes necessary especially in cases of manipulation, fraud, or clear mental incapacity. But it requires strong evidence, quick action, and emotional resilience.

If you suspect wrongdoing, consult with a probate or estate litigation attorney as soon as possible to assess your options and preserve your rights.

Next Up: Wrongful Death Claims: What Families Need to Know

Learn how wrongful death lawsuits work, who can file them, and how they differ from standard injury claims.