A legal proceeding challenging the validity of a will on grounds such as lack of testamentary capacity, undue influence, fraud, improper execution, or revocation. Will contests are brought in probate court by interested parties who have standing, typically beneficiaries under a prior will or intestate heirs.
A will contest is when someone goes to court to challenge a will, claiming it's not valid. Common reasons include arguing the person lacked mental capacity, was pressured to sign it, or the will wasn't properly signed and witnessed.
⏱ When you'll encounter this term
- Suspicious circumstances around will signing
- Family members disinherited or receiving less than expected
- Elderly person influenced by caregiver or new spouse
- Multiple conflicting wills
"Dad's final will, signed two weeks before he died of cancer, left everything to his caregiver instead of us. We filed a will contest claiming he lacked capacity and she exercised undue influence. After reviewing medical records and deposing witnesses, we settled—the caregiver got a small payment, we got the estate."
⚖️ Compare: Will Contest vs Probate
Challenges will's validity. Adversarial proceeding. Seeks to invalidate will. High conflict, expensive.
Assumes will is valid. Administrative process. Implements will's terms. Routine, lower cost.
💡 Did you know?
Many wills include "no-contest" or "in terrorem" clauses that disinherit anyone who unsuccessfully contests the will. These clauses deter frivolous challenges but don't prevent legitimate contests—most jurisdictions allow contests if there's probable cause to believe the will is invalid.