How to Contest a Will: Grounds & Process
Contesting a will is a formal legal challenge to its validity, and it's harder than many people expect. You can't contest a will simply because you're unhappy with it — you need legal standing and one of a limited set of legal grounds. Here's an overview of when and how a will can be challenged.
Who can contest a will (standing)
Only people with legal standing can contest a will — generally those who would be affected by it: beneficiaries named in the will (or a prior will) and heirs who would inherit under state law if the will were invalid (see dying without a will). A friend or distant party who wouldn't inherit typically can't contest.
The legal grounds
Being disappointed isn't a ground. Courts recognize challenges based on things like:
- Lack of testamentary capacity — the person didn't understand what they were doing when they signed (due to dementia, illness, etc.).
- Undue influence — someone pressured or manipulated the person into terms that don't reflect their true wishes.
- Fraud or forgery — the will or a signature was faked, or the person was deceived about what they signed.
- Improper execution — the will wasn't signed and witnessed according to the state's legal formalities.
- A later valid will exists that revokes the one being probated.
How the process works
A contest is filed in probate court, usually within a limited window after the will is submitted (deadlines vary by state and can be short). The person challenging must present evidence for their grounds; the process can involve documents, witnesses, and sometimes medical or expert testimony. Will contests can be slow, costly, and hard on families, which is why many are settled.
"No-contest" clauses
Some wills include a no-contest (in terrorem) clause that threatens to disinherit anyone who challenges the will and loses. Whether these clauses are enforceable — and the exceptions — varies significantly by state, so this is an important thing to check with a local attorney before challenging.
Think carefully first
Will contests are emotionally and financially expensive and often unsuccessful without solid grounds. If you believe a will is genuinely invalid, act quickly (deadlines are tight) and talk to a probate litigation attorney about your standing, your grounds, and your odds — see how to choose an estate planning attorney.
Frequently asked questions
On what grounds can you contest a will?
Common grounds are lack of testamentary capacity, undue influence, fraud or forgery, improper execution (not signed/witnessed correctly), or the existence of a later valid will. General unhappiness with the will is not a legal ground.
Who is allowed to contest a will?
Only people with legal standing — typically beneficiaries of this or a prior will, or heirs who would inherit under state law if the will were invalid. Someone who wouldn't be affected usually cannot contest.
Is there a time limit to contest a will?
Yes — states set deadlines, often fairly short, that usually start when the will is submitted to probate. Because the window can close quickly, act promptly and consult an attorney right away.
Considering a challenge? Find a local estate or probate attorney to assess your options.
This article is general information, not legal advice — consult a licensed attorney in your state about your situation.