Our probate litigation attorneys offer probate litigation services including representing parties to a will contests, claims against executors and administrators for mishandling estates or estate assets, claims against trustees for mishandling trust assets, or defense of executors, administrators or trustees who have been sued for a breach of fiduciary duty.

What is a Will Contest?

A persons Last Will and Testament, or Will is a written declaration by the person (testator) stating how his or her estate is to be distributed upon death. If properly executed, a Will is generally legally enforceable. However, in some instances a person may contest the validity of a will based on a claim that the will did not reflect the true intentions of the testator. A will contest is a probate court proceeding to determine the validity of a will.

what are common Reasons to Contest a Will?

Will contests often involve claims that the testator lacked testamentary capacity because he or she was subject to an insane delusion, an undue influence or fraud. In addition, a will might be contested on the grounds that the testator wrote the will under duress.

In Terrorem Clauses

Before considering a contest of a will, be sure to find out if the will has an in terrorem clause. Many wills include an in terrorem clause, with language that states that if any person contests the will, that person will forfeit his or her rights under the will. Such a provision operates to disinherit any person who challenges the validity of the will.

Who May Contest a Will?

Generally, standing to contest the validity of a will is limited to beneficiaries named in the will or persons who would inherit from the testator if the will were found to be invalid (heirs at law).

CONTACT US

To speak to an attorney about a will contest or probate litigation, please contact us here or call us at 713.650.9700.

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