How Can You Challenge A Will If You Believe It’s Unfair?

A will is a legal document that stipulates how a person’s properties and estate planning are to be handled after death. While wills always express the wishes of the deceased, legal disputes over wills may arise whenever other beneficiaries or interested parties believe that a will is unfair. In such cases, challenging a will in court becomes a possibility. 

Whether you are a family member, a beneficiary, or someone with a legitimate interest in the estate, this guide will help you understand your legal rights and options.

Understanding Wills and Their Importance

A will is quite good for several things. The importance of wills includes the following: 

• Guarantee that the deceased wishes to distribute their properties after death has been implemented.
• Appoint a guardian to any minor children left by the deceased; and ease family disputes regarding inheritance.
• Speed up the probate process.

However, a will can often be contested on the grounds of fraud, coercion, etc., but this applies if it was executed improperly.

Grounds for Challenging a Will

A will cannot be challenged solely because it is unfair; there must be a valid legal ground for contesting a will. They include:

Lack of Testamentary Capacity:

The testator must possess the mental capacity to:

• understand the nature and scope of their wealth; 
• must be able to identify the beneficiaries and the claims they might have over the testator; and 
• must comprehend the legal effect of the will.

A will can be challenged when it is proved that, at the time of writing the will, the testator was suffering from dementia or serious mental illness or was intoxicated.

Undue Influence:

Undue influence is the act of taking advantage of another in such a way as to coerce such a person into signing a will that is clearly to the advantage of the influenced party. This occurs when the testator-mainly through physical illness, advanced age, or psychological incapacity-is in a particularly vulnerable situation or condition. In essence, proof must be produced that will establish that the testator was influenced and exercised no free will.

Fraud or Duress:

To be valid, a will cannot be challenged if, aside from other bases, it was created by fraudulent representations or was forced to sign it under threat or coercion of any kind. These fraudulent wills include: 

• Forging of the testator’s signature
• False statements to influence the testator’s decisions
• Using coercive or threatening tactics on the testator

Improper Execution:

The execution of a will must strictly conform with certain formalities to be legally valid. Some of such formalities include:

• Its existence in writing
• The signature by the testator
• Witnessed by more than two witnesses of no lineal descent or not being any of the scriptural beneficiaries

If any of these formal requirements are not met, the will may be declared invalid.

Revocation of Will:

A will may be revoked by conquest of the testator before his death:

• By making another will expressly revoking a prior will or by executing some other instrument
• By the destruction of a will
• By some codicil

If there is another valid will in existence or evidence that the testator revoked the will before he died, the actions of the new version can be challenged.

Legal Process for Challenging a Will

Overview of Probate Court:

The probate court is the court that looks into the administration of estates; that is, besides determining the validity of wills and the distribution of assets. When a will is contested, the Probate Court will determine its validity based on the evidence presented before it.

Filing a Petition or Complaint:

To formally challenge a will, an interested party (for instance, a beneficiary or family member) must file a petition or complaint in the probate court. This document needs to contain language that explains the Grounds for a petition against a will and offers supporting evidence.

Timelines for Challenges:

There are strict deadlines for challenging a will that varies with jurisdiction and are limited in time. Generally, if a challenge to a will is to be made, it is due to a probating period of a few months or a few years after the will has been filed,  with much shorter if fraud or undue influence has become known later.

Gathering Evidence

Importance of Documentation:

If one truly wants to challenge a will, documentation is the key. Important documents would include:

• A copy of the will itself and its previous versions
• Medical records showing the mental state of the testator
• Financial records showing suspicious transactions
• Correspondence (emails or letters) about/about the will

Witness Statements:

Statements from persons with knowledge of the state or condition of the testator during the execution of the will are invaluable in establishing evidence of undue influence, lack of capacity, or fraud. 

Legal Representation

When to Hire a Lawyer:

With complex legal or medical issues, it’s best to hire an attorney, for the case involves large amounts of money or assets, or one party is being represented by an attorney. 

How to Choose the Right Lawyer:

When searching for an Estate lawyer, one must keep in view the pertinent factors:

• Experience in probate litigation
• Success rate in cases involving will contests
• Fees and billing methods

Costs and Fees:

Filing a will contest involves different fees for legal services. Some lawyers take up cases on contingencies, taking a percentage from the estate if the case is won, while others may charge hourly or fixed fees. 

Mediation and Alternative Dispute Resolution

What is Mediation:

Mediation is a process whereby a neutral person assists the parties of the dispute in arriving at a settlement without going to court. It is certainly faster and less expensive than litigation.

Pros and Cons of Mediation:

Pros:

• Resolution is Faster
• Lower expenses
• Less emotional drain

Cons:

• Not legally binding unless agreed upon
• May not resolve all disputes

Process Overview:

During mediation, both sides explain their positions and the mediator assists the parties in settling. When the matter is settled, it is written up and presented to the court.

Trial Process

Overview of Court Procedures:

If mediation fails, the case proceeds to trial, wherein both parties have a right to be heard on the following:

• Evidence and witness testimonies are presented by both sides
• The court looks into the validity of the will
• A final judgment is made by the court

Case Presentation:

Your case will be introduced to the jury by your lawyer based on:

• A witness testimony
• A medical and financial record
• An opinion of an expert

Possible Outcomes:

The court may do any of the following:

• Declare the will valid
• Declare the will invalid in part or whole
• Reinstate the will previous in time

Appealing a Decision

Grounds for Appeal:

If you lose, you may bring an appeal on:

• Legal mistakes made in the trial
• The evidence being wrongfully excluded
• Procedural errors

Process of Filing an Appeal:

The appeal must be filed within an established time, which is perched on average at 30 to 90 days from the court’s ruling. All that the appellate court does is review the case based on the already-existing and accepted evidence.

Timeline for Appeals:

Months or even years go by to resolve an appeal, influenced by the intricate nature of the case in question and the backlog of work of the courts. 

Conclusion

Challenging a will is a process of law that takes immense supporting evidence and legal expertise. While resolving the dispute can take place during mediation, in different cases, it’s simply not practicable. Making a consultation with a qualified probate lawyer may increase or decrease one’s prospects for a successful challenge.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. Who has the legal right to challenge a will?

Any person with a proper interest in the estate, such as the beneficiaries named in the will itself, family members not included, creditors, or anyone who would inherit under the intestacy laws if the will were invalidated.

2. How long do I have to challenge a will?

The length of time allowed to challenge a will varies by state; generally, challenges must be submitted within a few months to a few years of the will being probated. If fraud or undue influence has come to light later, there may be ways to extend the time frame.

3. Can a will contest be settled outside of court?

Yes, disputes can often be resolved through mediation or negotiation among the involved parties. Mediation is a faster and less costly alternative to litigation, though it requires all parties to agree on a settlement.