Will contests are an unfortunate part of probate litigation, especially in cases where a significant amount of money is involved. These disputes can be emotionally taxing and financially draining. If you’re considering challenging a will, it’s important to understand the most common reasons for doing so. Here’s a breakdown of the key grounds for contesting a will that we often see in our practice.
Step 1: Lack of Testamentary Capacity
One of the most common reasons to contest a will is to argue that the testator (the person who made the will) lacked testamentary capacity at the time they signed the document. Testamentary capacity refers to the mental ability to understand what they were doing when creating the will. This argument often arises when the testator is suffering from conditions like Alzheimer’s or dementia. However, it’s important to note that this challenge focuses on the testator’s mental state at the exact time the will was executed – not before or after.
Step 2: Undue Influence
Another frequent basis for contesting a will is undue influence. This occurs when someone close to the testator (usually a family member) uses their relationship to manipulate or coerce the testator into creating or altering the will in a way that benefits them. The key factor here is that the testator’s decisions were not entirely their own but were influenced by someone abusing their position of trust. This often happens when the testator is in a vulnerable state and relies heavily on the person exerting influence.
Step 3: Multiple Wills or Codicils
Another situation that can lead to a will contest involves multiple wills or codicils (amendments to a will). If a will is presented for probate, but there is evidence that a more recent will or codicil exists, this can form the basis for a challenge. The goal is to ensure that the court recognizes the most up-to-date and valid version of the testator’s wishes.
Step 4: Preparing for a Will Contest
Will contests can be incredibly expensive and time-consuming. You need to be prepared for the financial and emotional costs of litigation. It’s important to consult with an experienced attorney who can guide you through the process, gather the necessary evidence, and represent your interests effectively.
If you have questions about a will contest in Tennessee, or if you’re considering contesting a will, please don’t hesitate to contact us. We can help you understand your options and what to expect.
