Often, a will reading is straightforward, with no surprises. The decedent left all of their assets to their spouse or divided them evenly among their children.
However, the validity of the will is sometimes questioned, especially when there are unexpected changes or the actions were out of character of the deceased. Do the uninherited individuals have any recourse?
What does it mean to contest a will?
Contesting a will means to formally challenge its validity during the probate process. Only interested persons can file a challenge, which includes:
- Heirs and legal beneficiaries (people who would inherit under the will or family members)
- Creditors
- Anyone with a right to claim against the estate
A petition must be filed in court stating why the will should not be accepted. Grounds for contesting a will may include:
- The deceased wasn’t of sound mind when drafting or signing the will
- Undue influence
- Fraud
- There were no witnesses to the will’s signing
Timing is crucial when contesting a will. A petition must be filed within 3 months of the court admitting the will to probate. The statute of limitations is strict, so if the deadline is missed, the ability to challenge the will could be lost.
While the person challenging the will is the claimant, Indiana law requires that the executor of the estate and all beneficiaries be named as defendants. This ensures that everyone who stands to gain or lose is part of the proceedings.
Sometimes, the decedent may include a no-contest clause to discourage challenges. These provisions are enforceable as long as they’re written into the will, but there are exceptions, such as when the person challenging the will has “good cause,” like fraud, lack of capacity or undue influence.
If you’re considering contesting a will, you need to speak with a legal representative. They can review the specifics of the situation and provide you with options. They can also guide you through the process, as any mistakes can derail your case.