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4 reasons a will could be contested 

On Behalf of | Jan 12, 2025 | Estate Planning

The execution of an estate is not always straightforward. There are many steps that typically must be completed before beneficiaries receive their inheritance. Likewise, there are many issues that can arise during the probate process that can delay settling an estate. One of the biggest issues that can delay probate and create difficulties for beneficiaries is a contested will.

In Indiana, a will can be contested by beneficiaries, legal heirs and creditors. If successful, an estate may be discontinued according to Indiana’s succession laws. Assets may be distributed to heirs, including a spouse, children, parents or siblings. However, a will cannot be challenged for just any reason. Here are a few options that may induce a court to permit such a challenge to someone’s final will:

1. Lack of testamentary capacity

In order to create a valid will, the testator must have “testamentary capacity.” This is commonly referred to as being “of sound mind” when the will is created. Challenges to a will may arise if there are suspicions that the testator created a will when they were suffering from the ravages of dementia or some other condition that affected their ability to understand the purpose of their will and the consequences of their actions.

2. Undue influence

 Sometimes there are doubts about whether a will accurately reflects the testator’s final wishes. This often occurs in situations where a new will — made shortly before the testator’s death — is drastically different than prior wills, particularly if the new will heavily favors one person. If that person had exclusive access to the testator or unique control over the testator’s life prior to their death, the possibility that they wrongfully influenced the testator’s actions may be raised.

3. Fraud

There may be some question as to whether a will was even made by the testator. If there are questions about the testator’s signature or the will seems to have been altered in some way, that can be cause for an estate dispute.

4. Improper execution

The settlement of an estate is typically done by an executor. The executor of the estate is responsible for keeping the best interests of the estate and beneficiaries in mind. If the executor fails to fulfill their job, then parties may challenge the probate process on the grounds of improper execution. 

Anyone thinking about challenging a will — or worried that someone else will mount a challenge to one — should understand their legal rights. Prompt legal guidance can often keep things from escalating.