Originally published: November 23, 2017 | Last updated: January 1, 2026
TL;DR: The legal process of contesting a Will involves four primary grounds which include testamentary incapacity because the testator lacked mental capacity and undue influence because someone forced the testator and improper Will execution and the discovery of a later Will or codicil. You cannot contest a Will simply because you were verbally promised something, because you feel you “deserve” a share, or because the Will was written using an online service. A properly signed and witnessed Will – whether prepared by a lawyer or an online service – has full legal standing.
Can You Contest a Will?
The publication of a Will after death often brings unexpected results which family members and friends did not anticipate. People doubt the Will’s authenticity because they suspect someone forced the testator to create the document. The inheritance process sometimes reveals that people who expected to receive property actually become victims of total exclusion from the entire estate.
What rights exist for you? Will you be able to fight against a Will? What steps should I take to protect my Will from challenges when I create my own Will?
What Are the Legal Grounds for Contesting a Will?
There are four main grounds on which a Will can be successfully challenged:
| Ground | What It Means | Burden of Proof |
|---|---|---|
| Lack of testamentary capacity | The testator was not of “sound mind” when the Will was made | Must show testator did not understand the nature of the document |
| Undue influence | Someone in a position of trust pressured the testator | Must show confidential relationship and abuse of that trust |
| Failure to meet formalities | The Will was not properly signed, witnessed, or dated | Must show specific procedural requirements were not met |
| Later Will or codicil | A more recent valid Will or amendment exists | Must produce the later document and prove its validity |
What Is Testamentary Capacity?
Testamentary capacity defines the legal requirement which demands Will creators to maintain “sound mind” status during their Will creation process. The courts of almost every U.S. state determine whether the testator possessed adequate mental capacity when they created their Will.
- The testator knew what a Will represented because they understood they were creating a document which would control their estate through legal authority.
- The testator knew who would normally benefit – understood that Wills typically provide for a spouse and children
- The testator understood their property holdings because they recognized their ownership of a house and bank accounts and retirement benefits and vehicles and personal belongings.
- The testator understood asset distribution because they knew which people usually receive assets yet they could make special exceptions for certain situations.
The courts demand strong proof about testator ignorance before they would declare a Will invalid. Medical evidence – such as a doctor certifying advanced dementia – can support a finding of lack of capacity. However, early-stage dementia or having cancer does not automatically invalidate a Will.
The testator does not need to understand every legal term in the Will. The document remains valid because the testator understood the overall purpose and result which their Will would create.
What Is Undue Influence?
Undue influence represents the main reason which people use to fight against Will validity. The testator becomes victim of undue influence when someone who holds their trust uses this position to force them into changing their Will for personal benefit. The courts evaluate four essential elements during their decision-making process.
- An unusual distribution: A relative who would normally inherit is excluded, while someone else receives more than expected. If all family members are excluded in favor of a personal caretaker, that is a significant red flag.
- A confidential relationship existed: Seniors and those in ill health often rely on a caretaker for physical and emotional needs. The system depends on others which makes it vulnerable to outside control.
- The person in the confidential relationship benefited: The individual who had the close relationship with the testator received the unusual distribution.
- Someone who held trust authority abused this position through actions which separated the testator from their family members while they also managed financial data and controlled the entire situation.
A confidential relationship is often presumed if the beneficiary lived in the same home as the testator. However, an unusual distribution alone is not sufficient – there may be legitimate reasons. A father might choose to give all his property to one daughter because she remained in touch with him while she took care of him.
What Will Formalities Must Be Met?
Each state has specific requirements for a valid Will. The list of formalities which people commonly follow contains these elements:
- The testator must reach 18 years of age before making a Will (some states allow minors who have become emancipated to create one).
- The Will needs to contain essential content which performs two essential functions by distributing assets and naming an Executor and appointing a guardian.
- All states require at least two adult witnesses to perform their duties.
- Witnesses should not be beneficiaries – some states will validate the Will but void the witness’s right to inherit
- Clear date: Undated Wills are generally not valid
Proper format: Most Wills are typed or computer-generated. Handwritten (holographic) Wills may be valid in some states but not others
Can a Later Will or Codicil Override an Earlier One?
Can a Later Will or Codicil Override an Earlier One?
Yes. If the testator made a valid codicil (amendment) after the original Will, or created an entirely new Will at a later date, the more recent document takes precedence. A Will which follows proper legal procedures in the state where the testator lived permanently becomes valid for all states which contain testator death locations or property ownership.
What Are Common Myths About Contesting a Will?
What Are Common Myths About Contesting a Will?
| Myth | Reality |
|---|---|
| “I was promised something verbally” | A verbal promise has no legal standing in probate court. Even a written promise outside the Will itself cannot be used to claim assets. |
| The probate court does not accept verbal promises because these statements carry no legal value during court proceedings. The asset claim cannot proceed because written promises outside the Will document hold no value for this case. | A Will from an online service like USLegalWills.com produces the same legal document as one prepared by an attorney. Properly signed and witnessed, it has full legal standing. |
| “I deserve something as a family member” | In most U.S. states, adult children have no automatic right to inherit. A testator can leave their estate to anyone, provided they have provided for their spouse, minor children, and dependants. |
| “The Will seems unfair” | Fairness is not a legal ground for contesting a Will. A testator has the right to distribute their assets as they see fit. |
How Can You Make Sure Your Will Cannot Be Challenged?
How Can You Make Sure Your Will Cannot Be Challenged?
- The process of writing your own Will becomes protected from challenges when you follow these instructions:
- Make sure you have full mental capacity at the time you write your Will
- Date the document clearly
- Date the document clearly
- Keep the Will updated – an outdated Will invites challenges
- You should create a separate letter of intent which explains your reasons for making unusual property distributions.
Select a trustworthy provider for your needs which can be either an attorney or the online platform USLegalWills.com.
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He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets, and has contributed to articles in The New York Times, NY Metro Parents, U.S. News & World Report, and other leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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