Will contests are among the most disruptive and expensive events in estate administration. They're also frequently misunderstood — many people believe a will can be challenged simply because they're unhappy with its terms. In reality, contesting a will requires legal grounds, and success is far from guaranteed.
Who Can Contest a Will
Only "interested parties" can contest a will — typically:
- Beneficiaries named in the will
- People who would have inherited under intestate law if no will existed (usually children and spouses)
- Beneficiaries named in a prior version of the will
Simply being a family member doesn't give you standing to contest. If you're not an interested party, you cannot bring a will contest.
Grounds for Contesting a Will
Being unhappy with the distribution is not a legal ground for contesting a will. Valid legal grounds include:
Lack of Testamentary Capacity
The testator (will-maker) must have been mentally competent when the will was signed — understanding the nature of a will, the extent of their property, who their natural heirs are, and how the will distributes the property. Dementia, severe mental illness, or being under heavy medication at the time of signing can be grounds for challenge.
Undue Influence
Someone exerted improper pressure on the testator that overcame their free will. This is the most common ground for will contests — often alleged when a caregiver, new spouse, or other person who had significant access to the testator received a large share of the estate, particularly if the will was changed late in life.
Fraud or Forgery
The will was forged, or the testator was deceived about the contents or nature of what they were signing.
Improper Execution
The will wasn't signed or witnessed according to state requirements. This is why proper document execution is so important — see our guide on notarizing and witnessing legal documents.
Revocation
A subsequent valid will supersedes an earlier one. Arguing that a later will was invalidly created and a prior will should control.
The Practical Reality of Will Contests
Will contests are expensive — legal fees for both sides can easily reach tens of thousands of dollars, and litigation can take years. During this time, estate assets are typically frozen, creating hardship for all beneficiaries. And most will contests fail — courts give significant deference to a properly executed will.
Before pursuing a will contest, honestly assess:
- Do you have credible legal grounds, or are you simply unhappy with the result?
- Is the potential recovery worth the legal cost and family damage?
- Is mediation a better path? See our guide to handling disagreements over an estate.
No-Contest Clauses
Many wills include a "no-contest clause" (or "in terrorem clause") stating that anyone who contests the will forfeits their bequest if they lose. If you're named in a will with a no-contest clause, contesting could cost you both the litigation expenses and the inheritance you would have received. Consult an attorney before proceeding.
Timeline
Will contests must be filed within the statute of limitations — typically a few months to a year after the will is admitted to probate, depending on the state. Act quickly if you believe you have grounds.
For the complete picture of probate and inheritance, see our complete guide to probate and inheritance.