How to Challenge a Will: Grounds for Contesting Estate Documents

When someone passes away, their will typically dictates how their estate will be distributed. But what happens if we believe the will doesn't reflect the true wishes of the deceased? Contesting a will is an option, but it’s not something that should be done lightly. 

Whether we’re dealing with a family dispute, a potential error in the will’s creation, or another concern, understanding the grounds for contesting a will is crucial. At Heartland Estate Law, LLC, we are here to help. As probate attorneys, we often hear questions about when and how a will can be challenged. 

We’ll walk you through the most common reasons why someone might want to contest a will and what we can do about it. From proving the will’s validity to issues with the deceased’s mental capacity, we’ll cover all the bases to help you understand how this process works.

Validity of the Will

One of the most common grounds for contesting a will is questioning its validity. A will must meet specific legal requirements to be considered valid. If these requirements aren’t met, it could be challenged in court.

Missing Signatures or Witnesses

For a will to be legally binding in Kansas, it must be signed by the testator (the person who created the will) in front of at least two witnesses. If either the signature is missing or the witnesses didn’t sign the will, it could be deemed invalid. If we discover that the will wasn’t executed in accordance with state law, there’s a solid reason to contest the document.

As probate attorneys, we often encounter cases where a will was written hastily or without proper legal counsel. In such cases, it might be clear that the testator's intentions weren’t properly documented, making the will open to challenge.

Undue Influence

Another reason a will might be contested is if someone believes the deceased was unduly influenced when making their will. This occurs when someone uses manipulation or coercion to force the testator to make decisions they wouldn’t have made otherwise. This could be a family member pressuring the deceased or even a caregiver taking advantage of their position.

If we suspect undue influence was involved, we can investigate the circumstances surrounding the creation of the will. This often involves looking into the relationship between the testator and the person who benefited most from the will, as well as any unusual changes to the will.

Lack of Mental Capacity

For a will to be valid, the testator must have the mental capacity to understand what they’re doing. If a person is mentally incapacitated due to illness, dementia, or another condition, they may not fully understand the consequences of their decisions.

If there’s evidence that the testator wasn’t of sound mind at the time the will was created, it could be grounds for contesting the will. This is especially important when the testator makes drastic changes to their estate plan, like excluding close family members or making large gifts to someone who wasn’t previously included.

As probate attorneys, we often work with experts such as doctors or psychologists who can provide testimony about the testator's mental state. If we can prove that the individual didn’t have the mental capacity to make a valid will, it could be invalidated.

Fraud or Forgery

Another serious issue that can lead to the contesting of a will is the possibility of fraud or forgery. If a will is found to be forged or if the testator’s signature was fraudulently obtained, the will isn’t legally valid. This could happen if someone intentionally alters the will to change the distribution of assets or if the testator’s signature was forged.

In such cases, we can request a forensic examination of the will to determine if it’s genuine. This might include handwriting analysis or investigating the circumstances under which the will was signed. If we can prove that the will was forged or tampered with, it will be invalidated.

How to Contest a Will in Kansas

If we believe there’s a valid reason to challenge a will, it’s important to take the proper steps to contest it. The process for contesting a will in Kansas is fairly straightforward, but it can become complicated depending on the circumstances.

Filing a Claim

To contest a will in Kansas, we must file a claim in the probate court that is handling the administration of the estate. This must be done within a certain timeframe, which is generally three months from the time the will is admitted to probate. If we don’t file within this period, we may lose the right to contest the will.

Once we’ve filed a claim, we will need to present evidence supporting our argument. This could involve providing documents, calling witnesses, or presenting expert testimony. The court will consider the evidence and decide whether the will should be upheld or invalidated.

Proving Our Case

To successfully contest a will, we need to prove one of the grounds mentioned earlier. This might involve showing that the will wasn’t executed properly, that the testator lacked the mental capacity to create the will, or that there was undue influence or fraud involved.

As probate attorneys, we know that proving these cases can be challenging. It often requires gathering evidence from various sources, such as medical records, testimony from family members, or expert witnesses. The more compelling the evidence, the better chance we have of convincing the court that the will should be overturned.

Potential Outcomes

If we successfully challenge a will, the court may either invalidate the will entirely or rule that parts of the will should be disregarded. If the entire will is invalidated, the estate will be distributed according to the state’s intestacy laws, which typically means that the assets will go to the deceased’s closest relatives.

However, if only parts of the will are found to be invalid, the court will honor the remaining provisions. For example, if the court finds that a certain gift was made under undue influence, it may rule that the gift is void, but the rest of the will remains valid.

When Should You Contest a Will?

While there are several grounds for contesting a will, it’s important to understand when it’s worth pursuing a challenge. Will contests can be time-consuming, emotionally draining, and expensive. Before taking action, we encourage our clients to carefully consider whether contesting the will is truly in their best interests.

Some factors to consider include:

• Strength of evidence: Do we have enough evidence to prove that the will is invalid? If the case is weak, it might not be worth the time and expense to pursue a challenge.

• Personal relationships: Will contesting the will lead to family conflict? If the estate is small or the relationship with the other beneficiaries is important, it may be better to let things go.

• Financial impact: Is contesting the will likely to result in a better outcome for you or your loved ones? Sometimes, the costs of contesting the will outweigh the potential benefits.

At the end of the day, contesting a will is a serious decision that requires careful thought and legal expertise. As probate attorneys, we are here to guide our clients through the process, helping them weigh the pros and cons and determine whether contesting the will is the right choice.

Get in Touch With Our Firm

Contesting a will isn’t something to be done lightly, but if there are valid grounds to do so, it’s important to understand how the process works. Whether we’re dealing with issues like missing signatures, undue influence, or questions about mental capacity, there are several reasons why a will might be challenged.

As probate attorneys, we work closely with our clients to assess the strength of their cases and help them through the legal process. Located in Overland Park, Kansas, we also serve clients in Phillipsburg and the Kansas City area. Contact us today to get started.