What Makes a Will Contest Successful?
When someone passes away, one of the first tasks is often to determine whether the will is valid. While many people assume that their wishes will be followed after their death, sometimes family members or other interested parties dispute the validity of a will.
Located in Upper Marlboro, MD, Sanders & Sanders, Attorneys at Law is here to help families when they need it most. As Maryland probate attorneys, we understand how emotionally charged and legally challenging these situations can be. We’ll walk you through what makes a will contest successful and how we can help you through this process.
What Is a Will Contest?
A will contest is a legal challenge to the validity of a deceased person's will. Typically, someone with a financial interest in the estate, like a beneficiary or potential heir, will file a contest if they believe that the will doesn’t reflect the true intentions of the deceased.
As probate lawyers, we often work with clients who are considering a will contest. A successful contest can have significant consequences for the distribution of assets, and the legal process is often lengthy and detailed. Understanding what makes a will contest successful is key to deciding whether to pursue this path.
Grounds for Contesting a Will
For a will contest to be successful, there must be a valid legal reason for disputing the will’s validity. Your probate attorney will help you determine if there are legitimate grounds for contesting a will. Here are some of the most common reasons people challenge a will in Maryland:
Lack of Mental Capacity
One of the most common reasons for contesting a will is that the decedent lacks the mental capacity to create or change their will. In order for a will to be valid, the person must be of sound mind when they create it. This means they must understand the nature of the will, the extent of their property, and the people who would typically inherit their assets.
Our Upper Marlboro probate attorneys will look for evidence such as medical records, witness testimony, or other documentation that shows the decedent didn’t have the mental capacity to make decisions at the time they created the will.
Undue Influence
Another frequent ground for contesting a will is undue influence. If someone used manipulation, coercion, or pressure to convince the decedent to create or change their will in a way that doesn’t reflect their true desires, this can be a basis for a successful contest.
In Maryland, proving undue influence can be difficult, as the influence must be proven to have been so strong that it overrode the decedent’s will. An experienced estate lawyer can help gather evidence, such as witness statements, that suggest undue influence was exerted on the decedent during the will's creation.
Fraud or Forgery
If there’s a reason to believe that the will was forged or created under fraudulent circumstances, it can be contested. This could involve a situation where someone else altered the will or created a fake version of it with the intent to deceive the decedent’s family members or beneficiaries.
A successful contest in this area requires showing clear evidence of fraud or forgery. Forensic experts or handwriting analysts may be called in to provide their expertise, and your lawyer will help collect the necessary evidence to support the fraud claim.
Failure to Meet Legal Formalities
For a will to be valid in Maryland, it must meet certain legal requirements, including being written, signed by the decedent, and witnessed by two competent witnesses. If a will doesn’t meet these requirements, it can be contested.
Our experienced probate attorney will know how to examine the will’s formalities to determine if all necessary steps were followed. If the will wasn’t properly executed, there may be a strong case for contesting it.
Revocation of the Will
A decedent can revoke a will at any time, provided they have the mental capacity to do so. If someone believes that the decedent revoked a will before passing away or made a new will that invalidates the prior one, they may file a contest. Evidence such as the decedent’s statements or the existence of a later will be important in this situation.
The Process of Contesting a Will in Maryland
Once we’ve identified valid grounds for a will contest, the next step is to begin the legal process. The process can be lengthy and complicated, and working with a knowledgeable attorney is crucial to making sure that everything is handled properly. Here’s an overview of what the process typically looks like:
Filing a Petition
To start the contest, a formal petition is filed with the Maryland probate court. The petition must outline the reasons for contesting the will and present any evidence that supports the claims. As experienced Maryland probate attorneys, we guide clients through this initial step and make sure the petition is properly drafted and filed within the required time frame.
Discovery Phase
After the petition is filed, there’s a discovery phase where both sides gather evidence. This can involve:
Requesting documents
Conducting depositions
Interviewing witnesses.
Your lawyer can help gather the necessary evidence and prepare for any hearings or trials.
Mediation or Settlement Discussions
In many will contests, the parties involved will attempt to resolve the dispute outside of court. Mediation or settlement discussions can be an effective way to resolve without going through a lengthy trial.
Our will and probate attorneys strive to find a solution that aligns with our client’s interests, whether that means negotiating a settlement or proceeding to trial.
Trial
If a settlement cannot be reached, the case will go to trial. At this stage, both parties will present their evidence and arguments before the judge, who will make a final decision. Your lawyer plays a critical role in presenting a strong case at trial, making sure that the legal arguments and evidence are laid out.
What Makes a Will Contest Successful?
For a will contest to be successful, it’s crucial that there’s solid evidence to support the claims being made. Here are some key factors that can increase the chances of success:
Strong Evidence
Whether it’s medical records, witness testimony, or expert analysis, strong evidence is essential. Your attorney will help collect, organize, and present evidence that supports your case. The more compelling the evidence, the stronger the case for contesting the will.
Clear Legal Grounds
As we’ve discussed, a will contest must be based on valid legal grounds. Having a clear understanding of the law and how it applies to your case is critical. A probate attorney can explain the legal requirements and help you assess whether there’s a legitimate reason to challenge the will.
Proper Timing
In Maryland, there are strict time limits for contesting a will. Your lawyer will help you file your contest within the required time frame and make sure that all deadlines are met. Failing to act within the appropriate period can result in the loss of your right to contest the will.
An attorney’s knowledge can make a significant difference in the success of a will contest. With years of experience handling probate and estate disputes, an attorney can guide you through legal challenges and make sure that your case is presented in the best possible light.
Connect With Our Firm Today
Contesting a will can be a difficult and emotionally charged process. However, if there’s a legitimate reason to believe that a will isn’t valid, it’s important to understand the legal grounds for contesting it and seek experienced legal help.
Our experienced probate lawyers at Sanders & Sanders, Attorneys at Law serve families across Upper Marlboro, Maryland, as well as Clinton, Bowie, Fort Washington, Largo, and Washington D.C. Contact us today to learn how we can make a difference in your case.