We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a will Contest?

By M. Lupica
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A will contest is a challenge by a person as to the validity of a bequest — the passing down of personal property through a will — or a devisement — the passing down of land through a will. Most commonly, a will contest is made by a close family member who is challenging the interpreted intent of the deceased to leave a particular piece of property to a person. There are many reasons a bequest or devise may be contested. For instance, the contesting party may suggest that the deceased did not have capacity to execute the will at the time it was signed. Other common reasons include fraud and coercion, also called “undue influence.”

In order to bring a will contest, the contesting party must have standing to do so — i.e., he or she must have something to gain personally if the legal remedy is granted. In the context of a will contest, a party generally has standing if he or she is named on the face of the will or will inherit from the deceased if the relief stemming from the contest is granted. If the contesting party has no standing the will contest will be dismissed immediately.

Perhaps the most common reason for a will contest is that the deceased did not have the capacity to execute the will at the time that he or she did so. In order to have capacity, the deceased generally must have been at the age of majority and have enough mental awareness to understand and appreciate the consequences of his or her actions. For example, the contesting party may challenge a will executed just prior to the death of the deceased on the grounds that due to the sickness that eventually resulted in his or her death, the deceased did not have enough awareness to properly execute the will. If the deceased was heavily medicated at the time of execution, that alone may be grounds for deeming the will invalid.

Another common reason for declaring a will invalid is an assertion that the deceased was under undue influence at the time of the will’s execution. Undue influence may be found in the event the will was executed due to pressure by a third party in a position of power over the deceased. Additionally, someone making a will contest may assert that the party standing to gain from the bequest or devisement fabricated the will and forged the signature of the deceased.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.