How to contest a will

Who can contest a will

Only "interested parties" have standing:

- Beneficiaries named in the current will - Beneficiaries named in a prior will - Heirs who would inherit under intestacy law (state defaults) if there were no will

A friend, church, or charity not named in any version of the will typically cannot contest.

The legal grounds that work

1. Lack of testamentary capacity. The person didn't understand what they were signing — often dementia, medication effects, or end-of-life cognitive decline. Evidence: medical records, witness testimony about mental state, cognitive assessments close to the will date.

2. Undue influence. Someone in a position of trust (caregiver, relative) manipulated the person into a will that benefits the influencer. Courts look at: isolation of the testator, secretive circumstances, the influencer's role in drafting, sudden departure from prior estate plans favoring the influencer.

3. Fraud or forgery. The signature is forged, or the testator was deceived about what they were signing.

4. Improper execution. The will wasn't signed per state formalities (two witnesses, etc.).

5. Revocation. The testator revoked the will (destroyed it or wrote a newer one) that wasn't properly administered.

6. Mistake. The testator made a material mistake about circumstances (this is narrow).

Evidence that wins

- Medical records from around the time of the will execution. Dementia diagnoses, stroke, advanced disease, strong medications. - Witnesses — doctors, nurses, close friends — describing the person's mental state. - Communications around the will (emails, texts) suggesting influence or confusion. - Pattern of giving — if the testator had consistently said "I want my kids to split it" and the new will leaves everything to a caregiver, the contrast is evidence. - The timing — wills signed within days or weeks of death, in a hospital or nursing facility, receive more scrutiny. - Expert medical testimony — a psychiatrist or geriatrician testifying based on medical records.

The no-contest clause problem

Many modern wills include a "no-contest clause" (also called "in terrorem"): if you contest and lose, you forfeit everything you would have received. In states that enforce these strictly (Florida enforces; California has a narrower rule), contesting becomes a huge gamble.

Whether the clause applies depends on state law and often on whether the contest was brought in good faith with probable cause. Consult a probate attorney on enforceability before filing.

The realistic timeline and cost

Contesting a will takes 9–24 months and costs $15,000–$75,000+ in attorney fees. Many contests are funded on contingency (33–40% of any recovery). Most contests settle in mediation rather than going to trial — settlement often means accepting a portion of what you'd otherwise challenge for.

If your expected recovery net of fees is less than $25,000–$50,000, the case may not be economically viable.