Contesting a Will: What You Need to Know
When a loved one passes away with a will, that document determines who will receive their property and names the executor—the person responsible for managing the estate. However, wills don’t always satisfy everyone. Beneficiaries may feel disappointed with what they did or didn’t inherit, and sometimes family members or others are left out entirely. In these situations, someone may pursue a legal challenge, known as a will contest (or “contesting the will”).
Once probate begins, the executor notifies all named beneficiaries. This notice also starts the clock: in most states, beneficiaries—or even people not listed in the will but who would otherwise inherit under state law—typically have 30 to 90 days to contest the will. Because the court views a will as the testator’s (author’s) final voice, challenges are taken seriously but are also very difficult to win. Most wills pass through probate without issue, and contesting one can be expensive and emotionally draining.
Who Can Contest a Will?
To challenge a will, you must have legal standing—meaning you would be personally affected by the court’s decision. This usually includes:
- Beneficiaries named in the current or a prior will
- Heirs (such as a spouse or children) who would inherit if no will existed
Common Grounds for Contesting a Will
There are generally four legal reasons that may justify contesting a will:
- Improper Execution – The will wasn’t signed with the required legal formalities.
- Lack of Capacity – The decedent wasn’t of sound mind when making the will.
- Undue Influence – Someone pressured or manipulated the decedent into changing the will.
- Fraud – The will was forged or created under false pretenses.
Examples of Will Disputes
- DIY Wills: Homemade wills sometimes omit required legal language or “what if” scenarios, making them invalid or incomplete.
- Isolation and Influence: If a testator was isolated from family and heavily influenced by a single person, the court may question the will’s validity.
- Outdated Wills: If a more recent valid will exists, it generally replaces an older one—unless coercion or fraud occurred.
- Medical Evidence: Records suggesting diminished mental capacity can also be grounds for a challenge.
Sometimes, instead of going to court, disputes are resolved through a negotiated settlement between the challenger and the estate.
No-Contest Clauses
Some wills include a no-contest clause (or “in terrorem” clause), which says that anyone who challenges the will will lose their inheritance. While this can discourage disputes, not all states enforce these provisions.
Protecting Your Will from Challenges
Even if your estate is modest, the best way to safeguard your wishes is to have your will drafted by an experienced estate planning attorney. A professionally prepared will helps ensure:
- All legal requirements are met
- Your intentions are clearly documented
- Your estate is less vulnerable to costly disputes
We Can Help
If you’re considering making a will—or updating an existing one—our team can help you protect your wishes and your loved ones. Contact Aging in Maine today at (207) 848-5600 or visit our CONTACT page to schedule a consultation.
