What Happens If a Will Contest Is Successful?
Author: James A. Miller, Estate Planning Attorney / Category: Probate, Wills & Trusts / Posted: 04 Jan 2012If you die and leave behind a Last Will and Testament, it is typically required to be admitted to a probate court for administration. Once the will has been admitted, interested parties are allowed to file a will contest if they feel that have grounds to do so. State laws vary with regard to what grounds can be asserted to contest a will and who may file a will contest; however, if a will contest is successful, the will is declared invalid and the assets distributed according to the laws of intestate succession.
In many states, only a beneficiary or heir may file a will contest. This includes anyone specifically mentioned in the will as receiving something or anyone who would otherwise inherit if no will existed. The person filing the will contest must give a valid legal reason for contesting the will as well. Being left out of a will is generally not a legal reason for contesting a will. Valid legal grounds for a will contest are often things such as the testator lacked the mental capacity to sign the will or was under duress at the time the will was executed.
If the petitioner is able to prove his or her case to the court, then the court declares the will to be invalid. Once a will is declared invalid, it is as if the will never existed. At that point, the estate assets are distributed according to the laws of intestate succession in the state where the will is being probated. Intestate succcesion laws also vary by state; however, the spouse, children and other blood relatives typically inherit the assets under intestate succession laws.
The Law Offices of James A. Miller is a member of the American Academy of Estate Planning Attorneys.
Tags: probate litigation, will contest, wills
