A will that is subject to legal challenge or dispute through court proceedings. Grounds for contest include lack of testamentary capacity, undue influence, fraud, improper execution, or family provision claims.
When someone fights about a will in court. This usually happens when a family member feels they should have inherited more, or believes the will isn't valid because the person who made it lacked mental capacity or was pressured.
⏱ When you'll encounter this term
- A family member was disinherited or received less than expected
- Concerns about the deceased's mental capacity when making the will
- Suspicions of undue influence or fraud
- Claims for greater provision under family law
- Disputes in blended families between spouse and children
"Dad left everything to his second wife, so my siblings and I are contesting the will because he had dementia when he signed it."
💡 Why this matters
Contesting a will is expensive — legal fees often exceed $50,000 and cases can drag on for years. Even successful challenges can destroy family relationships permanently.
Understanding the grounds for contesting helps you either strengthen your own will against challenges, or realistically assess whether a challenge is worth pursuing.
⚠️ Common mistakes
- Assuming you can contest simply because you're unhappy with what you received
- Waiting too long — strict time limits apply (often 6-12 months from probate)
- Underestimating the cost and emotional toll of litigation
- Not getting legal advice before starting — many claims have no legal basis
💡 Did you know?
Around 1-3% of wills are formally contested in court, but many more disputes are settled informally before reaching court. Will contests can tie up estates for years and cost tens of thousands in legal fees.