Will contest

What it means

A contest is not an argument that the will is unfair. It is a claim that the will is not legally valid — because it was not executed properly, because the person lacked testamentary capacity, because of undue influence, fraud, or because a later will exists.

Only interested persons may bring one, and there is usually a short window after the will is admitted.

Many wills include a no-contest clause, which threatens a challenger with losing what the will did give them. Whether such a clause is enforceable varies.

Why it matters

The window is short and unforgiving. A person who waits to see how administration goes may find the time has passed.

It is also expensive and slow, and it usually pauses distribution for everybody, including people who are not part of the dispute.

When you are likely to meet it

• When a will appears to have been changed shortly before death.
• When a later will is found.
• When a court notice says how long there is to object.

How this varies by state

Who may contest, on what grounds, how long they have, and whether a no-contest clause is enforceable are all set by state law.

Related terms

• CodicilAn amendment to a will. It changes part of it and leaves the rest standing.
• Formal administrationProbate supervised by a judge, with petitions, notice and hearings. It is the default in some states and the fallback everywhere.
• Guardian ad litemSomebody the court appoints to speak for an interest that cannot speak for itself in one case.
• Holographic willA will written entirely in the person's own handwriting. Some states accept one without witnesses; many do not accept one at all.
• Interested personAnybody the law says has a stake in an estate — an heir, a beneficiary, a creditor, sometimes a fiduciary. It decides who gets told and who may object.
• No-contest clauseA clause disinheriting anybody who challenges the will. Whether it works depends on the state.
• Probate courtThe court that supervises estates. In many states it is a division of a general trial court and goes by another name.
• Self-proving affidavitA sworn statement attached to a will, signed by the witnesses in front of a notary, so that a court can accept the will without tracking them down.
• Special administratorSomebody appointed to do one urgent thing before a full appointment exists.
• Testamentary capacityThe mental capacity required to make a valid will. The standard is lower than the phrase “sound mind” suggests.
• Undue influencePressure that overcomes somebody's own wishes, so that a will, gift or transfer reflects the influencer's intentions rather than theirs.
• WillA written document saying who should receive what, and who should be in charge of seeing that it happens.

Sahvelo guidance that uses this

• The will
• Do you need a probate lawyer?