Contesting a Will: Common Grounds and Legal Strategies

Contesting a will can be one of the most sensitive legal matters a family faces, often bringing together both emotional and financial concerns. While it’s a difficult decision, knowing the common grounds and legal strategies can help you better understand the process and your options.

A will is intended to be the final voice of someone’s wishes after they pass, but sometimes questions arise about its validity. When this occurs, it’s important to consult a qualified attorney. 

At the Law Office of Keith D. Peterson, CPA, J.D., I focus on helping you protect your assets, your loved ones, and your future well-being when a will comes into question. I serve Houston, Texas, and the surrounding areas. Contact me today for skilled legal assistance.

Common Grounds for Contesting 

There are several legal reasons why someone might challenge the validity of a will. These “grounds” form the foundation of any case and help determine whether the document is legally enforceable.

One of the most frequently cited grounds is undue influence. This happens when someone in a position of power or trust pressures the person making the will into changing its terms. 

Another common ground is a lack of testamentary capacity. This refers to the idea that the person creating the will didn’t fully understand the nature of their actions or the consequences at the time of signing. Conditions like dementia, severe illness, or mental health challenges may play a role in this claim.

Fraud and Forgery Concerns

Fraud or forgery can also call a will into question. Fraud might involve tricking the individual into signing a document without realizing it’s a will or making changes without their knowledge. Forgery, on the other hand, happens when someone falsifies a person’s signature or alters the document after it’s signed.

These situations can be particularly troubling because they suggest intentional wrongdoing. A case built on fraud or forgery often involves gathering witness statements, handwriting analysis, or other forms of evidence. Working with an estate planning attorney experienced in contested wills can help uncover these details and present them effectively.

Even subtle forms of deception can be enough to impact the validity of a will. That’s why legal professionals often investigate not just the will itself but the circumstances leading up to its creation. They also examine the relationships and events surrounding the testator to uncover any signs of undue influence or manipulation. 

Improper Execution 

For a will to be valid, it must follow specific legal formalities based on state laws. Improper execution is another common ground for contesting, and it refers to situations where these requirements weren’t met. For example, some states require two witnesses who aren’t beneficiaries, while others have additional notarization steps.

If these rules weren’t followed, the will might not stand up in court. This is where careful attention to procedural details becomes essential. Your attorney can review the original will, examine witness testimony, and determine whether the execution met all legal standards. Even minor errors can open the door to a valid contest.

Ambiguities and Contradictions 

Sometimes, a will’s language can be unclear or contradictory, creating confusion about the deceased’s true intentions. Ambiguities can happen when terms aren’t defined, property descriptions are vague, or beneficiary designations conflict with other parts of the document. When this occurs, disputes often arise over interpretation.

Your estate law attorney can help identify these issues and present arguments for a reading of the will that aligns with known facts about the person’s wishes. This may involve gathering letters, emails, or earlier versions of the will to clarify intent. In some cases, the ambiguity may be enough for a court to deem parts of the will invalid.

Contradictions can also occur when a will conflicts with other legal documents, such as trusts or beneficiary designations on financial accounts. These mismatches can make it difficult to determine which instructions should take priority, leading to legal challenges. At the Law Office of Keith D. Peterson, CPA, J.D., I assist clients in reviewing these documents and accounts.

Standing to Contest

Not just anyone can bring a legal challenge to a will. The person contesting must have standing, meaning they have a direct interest in the outcome of the case. Typically, this includes beneficiaries named in the current or previous will, as well as individuals who would inherit under state law if the will were found invalid.

Having standing doesn’t automatically mean the case will succeed, but it’s the first hurdle to overcome. Courts generally won’t hear challenges from individuals without a legal or financial stake in the matter. An estate planning lawyer can help determine whether you meet these criteria.

Establishing standing can also depend on the timing of your challenge. Your attorney can help you work through this complicated process and understand the nuances of establishing standing. My firm at the Law Office of Keith D. Peterson, CPA, J.D. partners with you to make sure you understand this important phase of contesting a will. 

Legal Strategy Details

Once the grounds for contesting are clear, the focus shifts to legal strategies. These strategies involve collecting and presenting evidence, examining witnesses, and applying relevant statutes. This shows that the will, or part of it, shouldn’t be legally enforced. Each tactic is chosen to target weaknesses in the opposing side’s case.

One key approach is building a strong evidentiary record. This may include medical records showing the person’s mental state, communications revealing pressure or coercion, and statements from witnesses who were present during the will’s creation. Organizing this evidence into a clear, compelling narrative can make a significant impact during negotiations or in court.

Another strategy is challenging the credibility of opposing witnesses. Cross-examination can reveal inconsistencies in their accounts or highlight conflicts of interest. By methodically exposing unreliable testimony, the overall weight of the opposing argument can be substantially reduced.

Alternative Dispute Resolution

While some will contests go to trial, others are resolved through alternative dispute resolution (ADR) methods like mediation or arbitration. Mediation allows the parties to work with a neutral third party to reach an agreement without a courtroom battle. Arbitration is more formal but still offers a faster, less public process. ADR can save time and resources in resolution.

It can also reduce emotional strain for families, especially when relationships are already fragile. An estate lawyer can help assess whether ADR is a good fit for your case. Choosing ADR doesn’t mean giving up your right to go to court. If an agreement isn’t reached, the case can still proceed through traditional litigation. 

Key Evidence to Consider

Physical evidence, like the original will and any handwritten notes, can also be important. Courts often look for consistency between the person’s past statements and the document’s terms. The strength of a will contest often depends on the quality of the evidence presented. Relevant evidence might include:

• Medical and mental health records from the time the will was signed

• Witness statements from those present during signing or discussions

• Financial records that reveal sudden changes in asset distribution

An estate planning attorney can help organize this evidence into a compelling case. By presenting the facts clearly and logically, you can improve the chances of a favorable outcome. This is where experience in contested estates truly matters. Your lawyer will also anticipate potential challenges and prepare counterarguments well in advance.

Importance of Timing

Timing plays a critical role in will contests. Most states have deadlines for filing, and these can range from a few months to a few years after the will is admitted to probate. Missing this deadline can mean losing your right to challenge entirely. Because of this, it’s important to act promptly once concerns about a will arise.

Early action allows more time to gather evidence, interview witnesses, and develop a strategy. It also helps preserve the availability of key documents and records. An estate planning attorney can help determine the exact filing deadlines in your jurisdiction. This step is vital to keep your legal options open and avoid procedural setbacks that could derail the case.

Legal and Emotional Considerations

Challenging a will is rarely just a legal matter—it’s deeply personal. Disputes can strain relationships, alter family dynamics, and reopen emotional wounds. It’s helpful to set clear goals at the outset, whether that’s correcting an injustice, protecting a loved one’s intentions, or securing a fair distribution of assets. 

These goals can help guide decisions throughout the process. They also provide a sense of direction when emotions run high. An estate planning attorney can help maintain focus on these objectives while addressing the legal requirements of the case. This balanced approach often leads to better long-term outcomes for everyone involved.

Preparation for the Outcome

Contesting a will doesn’t always result in a complete victory or loss. Sometimes the court may uphold parts of the will while invalidating others. In other cases, the dispute may be resolved through a negotiated settlement. Being prepared for different outcomes can help manage expectations. 

Flexibility can be an asset when dealing with uncertain results. An attorney can explain the possible scenarios and what they might mean for you. They can also help you weigh the risks and benefits of each option before making a decision. This knowledge can make it easier to choose the path that aligns best with your goals and values.

Secure Your Legacy

Contesting a will is a serious legal step that requires a strong foundation in both facts and law. By understanding the common grounds for challenges and the strategies used in these cases, you can approach the process with greater clarity and purpose. From questions about undue influence to concerns over execution, each case has unique factors that shape its path.

When estate planning or probate issues arise, having the right attorney makes all the difference. I serve clients in Houston and the surrounding areas. Whether you need help contesting a will, understanding probate, or addressing complicated estate disputes, I offer guidance tailored to your goals.

Protect your future with the Law Office of Keith D. Peterson, CPA, J.D. Call today to get started.