How Can the Validity of a Will Be Challenged in Court?

Challenging the validity of a will in court is a serious legal action that typically arises during the probate process, when a will is presented for validation before the court. There are several legal grounds upon which the validity of a will can be challenged. Below are the most common grounds and the steps involved in challenging a will.

Legal Grounds for Challenging a Will

Lack of Testamentary Capacity (Mental Capacity): One of the primary grounds for challenging a will is that the testator (the person who made the will) lacked the mental capacity to make a valid will. This is known as testamentary capacity. To create a valid will, the testator must understand the nature of the document they are signing, the extent of their assets, and the individuals who are the beneficiaries. If there is evidence that the testator was mentally incapacitated at the time the will was executed (e.g., due to illness, dementia, or intoxication), the will may be contested.

Undue Influence: A will can be challenged if it is believed that the testator was subjected to undue influence by someone who coerced or manipulated them into making the will in a way that benefits the influencer. For instance, if a family member pressures an elderly person to change their will, and it is believed that the testator did not freely and independently make the decision, the will may be contested on these grounds.

Fraud or Forgery: A will can be declared invalid if there is evidence of fraud or forgery. If someone intentionally misrepresents facts to the testator or forges the testator's signature, the will is considered void. Fraud can also involve deceit or misrepresentation of the testator’s intentions, such as altering the contents of the will after it has been signed.

Failure to Meet Legal Formalities: In most jurisdictions, a will must meet specific legal requirements to be valid. These usually include:

• The will must be written (in most cases, it cannot be oral).
• It must be signed by the testator.
• It must be witnessed by at least two individuals who are not beneficiaries.

If the will fails to comply with these formalities, it may be deemed invalid. For example, a will signed in the absence of witnesses or without the necessary formalities may be contested on these grounds.

Revocation or Subsequent Will: If there is evidence that the testator revoked the will, or if a later will supersedes the previous one, the earlier will can be challenged. For example, if a testator executed a new will after the contested will, and the new will is proven to be valid, the earlier will may no longer be valid.

Mistake or Ambiguity: A will can be challenged on the grounds of mistake if the testator made an error in the contents of the will, such as incorrect identification of beneficiaries or properties. Ambiguity in the will’s terms—such as unclear or conflicting provisions—can also be grounds for contesting the will, as the testator's true intentions may not be clear.

Lack of Independent Legal Advice: In some cases, if a testator made a will without independent legal advice, especially when there are concerns about vulnerability (such as in cases of elderly testators or those with limited mental capacity), the will may be challenged on the basis that it was not made with a full understanding of the legal implications.

Court Procedure for Challenging a Will

Filing a Petition: To challenge a will, an interested party (such as a relative, potential beneficiary, or anyone who believes they have been unfairly excluded from the will) must file a petition with the probate court. The petition will state the grounds for the challenge, and the person filing it must present evidence to support their claim.

Gathering Evidence: Challenging the validity of a will requires providing strong evidence. This may include:

• Medical records or expert testimony to prove the testator’s mental incapacity.
• Testimony from witnesses to suggest that the will was signed under duress or undue influence.
• Evidence of forgery or fraud.
• Documentation that shows the failure to meet legal requirements for the execution of the will.

Discovery Process: Once the challenge is filed, both parties may engage in discovery, where they exchange evidence and take depositions from witnesses. This phase allows the parties to gather information to support or dispute the validity of the will.

Court Hearing: If the case is not resolved through mediation or settlement, the matter will go to trial. During the trial, both parties present their arguments, and the judge will review the evidence to determine the validity of the will. The court will consider factors like whether the testator was of sound mind, whether the will was executed properly, and if there was any undue influence or fraud.

Ruling: After reviewing the evidence, the judge will issue a ruling. If the will is upheld, the probate process will continue as planned. If the will is invalidated, the estate will be distributed according to the laws of intestate succession or an earlier valid will, if one exists.

Example

In a situation where an elderly person with dementia is believed to have been coerced into changing their will to benefit a caregiver, the family members might challenge the will on the grounds of undue influence and lack of testamentary capacity. They would need to provide evidence such as medical records showing the testator’s mental condition and testimonies from others who witnessed the testator’s vulnerability or the caregiver’s undue influence.