The passing of a loved one is a difficult time, often compounded by emotional and legal challenges surrounding the distribution of their estate. While most wills and trusts are executed without dispute, there are situations where beneficiaries or interested parties may believe that a will or trust does not reflect the true intentions of the deceased. Contesting a will or challenging a trust during probate can be a complex process, but understanding the grounds and procedures can help protect your rights.

When Can You Contest a Will or Trust?

There are several common reasons to contest a will or trust, including:

• Lack of Testamentary Capacity: The person creating the will (the testator) must have been of sound mind and understand the nature and extent of their property, the natural beneficiaries, and the consequences of their decisions at the time of signing. If the testator lacked mental capacity, the will may be invalid.
• Undue Influence: If someone exerted improper pressure or manipulation on the testator to alter the will in their favor, this can be grounds for contesting.
• Fraud or Forgery: A will or trust created through deceit, forgery, or misrepresentation can be challenged.
• Improper Execution: Wills must meet specific legal formalities (such as being witnessed and signed). Failure to comply with these requirements can render the document invalid.
• Revocation: Sometimes a will has been revoked or superseded by a later valid document, which can affect the probate process.