What are the grounds on which someone can contest a Will?
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What are the grounds on which someone can contest a Will?
My grandmother died over a year ago and certain family members are contesting her Will. I know this does happen but I’m not sure why. If someone writes out specifically what they want done with their property after their death, what right does someone else have to try and change that? What can we do to fight back? Some of the questions we have been asked to answer, include gifts that were given before her death (some going back quite a while). Are there legal grounds to seize these gifts?
Asked on February 3, 2012 under Estate Planning, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Wills, when contested, can be complex--you should consult with an attorney about your specific situation.
In general, the main grounds for contesting a will are:
1) That the will was forged;
2) That the testator (person making the will) was mentally incompetent when she made it;
3) That the will was procured by threats or by "undue influence"--basically, someone in a position of power over the testator used that power to make her execute a will in her favor.
4) That the will is invalid--for example, that it was not executed properly, and so has no effect.
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