Why Might a Will Be Contested During Probate and How to Prevent It?
Facing the death of a loved one is never easy, and dealing with the legal process that follows can feel overwhelming. Probate is already a sensitive and emotional time, and the possibility that a will could be contested adds another layer of stress.
Many families find themselves uncertain why disputes arise and what they could have done to prevent them.
At Sanders & Sanders, Attorneys at Law, we help clients work through these challenging situations with care and professionalism. By speaking with our Upper Marlboro, MD probate lawyers early, families can often prevent conflicts and protect the wishes of their loved ones. Reach out to us if you’re seeking legal guidance during this time.
Common Reasons a Will Is Contested
Several factors often prompt someone to challenge a will during probate, and understanding these causes can help families take preventive measures before problems escalate.
One common reason is a lack of testamentary capacity. A will may be contested if the person who created it, known as the testator, didn’t have the mental capacity to understand what they were doing, including an awareness of their assets, the beneficiaries, and the consequences of their decisions.
Another frequent cause is undue influence. If someone was pressured or manipulated into making changes to their will, those affected may have grounds to challenge it. This often involves a person close to the testator exploiting their position for personal gain.
Fraud or forgery is also a significant factor. A will can be contested if it was created based on false information or forged entirely, such as when signatures are falsified or documents are altered without the testator’s knowledge.
Improper execution can lead to disputes as well. Legal formalities must be followed for a will to be valid, and if the will wasn’t signed correctly, lacked witnesses, or failed to meet state requirements, it could be subject to challenge.
Finally, mistakes or ambiguities within the document, like errors, unclear language, or conflicting instructions, can create confusion and open the door for disputes among beneficiaries, even if the errors were unintentional.
How Family Dynamics Can Lead to Contests
Family tensions are often at the heart of will contests. Emotional relationships, past grievances, and competing expectations can all influence whether a beneficiary challenges the will.
Sibling rivalry: Disagreements among siblings over inheritance can sometimes lead to a formal contest. Even small differences in perceived fairness can escalate.
Estranged family members: Reconnecting family members may have expectations of inheritance that aren’t reflected in the will, leading to disputes.
Changes in family circumstances: Life events such as remarriage, divorces, or the birth of new family members can create confusion or resentment if not addressed clearly in the will.
While family dynamics are difficult to control, proactive planning and open conversations about intentions can reduce conflict. Your probate attorney can advise on communication strategies that may lessen the likelihood of disputes.
Steps to Prevent Will Contests
Although we can’t eliminate all risks, certain steps significantly reduce the chance of a will being contested. Families can benefit from taking these precautions.
Work With a Qualified Attorney:
A legal professional can help draft a will that meets all state requirements and clearly reflects the testator’s intentions.
Keep Clear Records:
Documenting the reasons for specific decisions, including letters or notes from the testator, can provide context if questions arise later.
Regularly Update the Will:
Life changes, such as marriages, births, or property acquisitions, should be reflected in updates to avoid confusion or outdated instructions.
Use Witnesses and Notarization:
Following legal formalities reduces the chance that the will can be invalidated due to technicalities.
Communicate Openly:
Having discussions with family members about the testator’s intentions can prevent surprises that might lead to contesting the will.
Consider a Trust:
In some cases, placing assets in a trust rather than a traditional will can reduce probate disputes.
Taking these steps doesn’t guarantee the absence of conflict, but it significantly reduces the risk of disputes. Working with a probate attorney can guide families through these steps effectively and with less stress.
Documents and Evidence to Support a Will
Gathering supporting documents can help defend a will if it’s contested. These records provide evidence of the testator’s intentions and mental capacity.
Medical records: Showing that the testator was mentally competent at the time the will was signed can counter claims of incapacity.
Witness statements: Affidavits from individuals who observed the testator signing the will can be critical in proving its validity.
Previous versions of the will: Comparing older drafts may help clarify the testator’s consistent intentions.
Financial records: Documentation of the testator’s assets, transactions, and estate plans can support the fairness of the distribution.
Having an estate planning attorney review these documents can make the process smoother and provide a stronger defense if someone decides to contest the will.
Handling a Contested Will
Even with preparation, disputes can arise. Knowing how to handle them promptly and professionally is essential.
Contacting your probate attorney as soon as a dispute arises helps protect rights and clarifies the next steps.
Sometimes, mediation can resolve disagreements without going to court, saving time and preserving family relationships. If mediation isn’t possible, the dispute may proceed through probate court. The court will examine evidence and make a determination based on state law.
Keeping detailed records of communication, financial transactions, and actions taken during the probate process helps create a clear record for the court.
While no one likes conflict, acting quickly and thoughtfully can reduce delays and emotional strain. A probate attorney can guide families through this process with care and attention to detail.
Common Misconceptions About Will Contests
Misunderstandings about probate and wills often cause unnecessary worry or delay. Addressing these misconceptions can help families act confidently.
“Only heirs can contest a will”: In reality, anyone who feels they have a legal interest in the estate may have grounds to contest.
“Contesting a will always goes to trial”: Many disputes are resolved through negotiation or mediation without a formal trial.
“A will contest invalidates the will completely”: Sometimes, only specific provisions are challenged, while the rest of the will remains valid.
“Family disagreements are enough to overturn a will”: Courts require legal grounds, such as fraud, undue influence, or incapacity, not just emotional disputes.
Clarifying these points with a probate attorney can prevent families from feeling overwhelmed or making decisions based on misinformation.
Planning for Future Protection
Thinking ahead is the best way to reduce the likelihood of disputes. Families in can benefit from long-term strategies to protect a loved one’s wishes.
Create a detailed estate plan: Include wills, trusts, powers of attorney, and healthcare directives to cover all aspects of estate management.
Regularly review and update documents: Life circumstances change, and updates reduce the chance of conflict.
Use professional guidance: Working with a probate attorney and other professionals helps assure all documents are legally sound and reflect the testator’s intentions accurately.
Maintain open communication: Discussing plans with beneficiaries and family members can prevent surprises and foster understanding.
Proactive planning and professional guidance help reduce disputes and give families peace of mind during what can be a difficult time. Sanders & Sanders, Attorneys at Law, are committed to helping clients in Upper Marlboro, Maryland, as well as Clinton, Bowie, Fort Washington, Largo, and Washington D.C.
Contact Our Firm Today
Will contests can add stress and delay to an already emotional process. By taking proactive steps and working closely with a probate attorney, families can reduce the risk of disputes and preserve the testator’s wishes. Whether it’s drafting a clear will, keeping detailed records, or discussing intentions openly, these efforts make a meaningful difference.
Protecting your loved ones’ wishes during probate is our priority, and at Sanders & Sanders, Attorneys at Law, we provide the guidance you need to handle these matters thoughtfully and effectively. Reach out to us today to schedule a consultation with an experienced team of estate lawyers and take the first step toward a smoother, less stressful probate process.