How Do I Contest a Will?

Contesting a will can be a difficult and emotionally taxing process. It involves legal disputes over a deceased person’s estate and can affect family dynamics, financial security, and the distribution of assets. If you're dealing with the probate administration in Missouri, understanding the ins and outs of contesting a will is crucial. This guide provides a comprehensive overview of the process, from grounds for contesting a will to procedural details specific to Missouri.

Understanding Probate Administration

Probate administration is the legal process through which a deceased person's will is validated, and their estate is distributed according to their wishes or, if there's no will, according to state law. The probate administration process involves validating the will, settling debts, and distributing assets. In Missouri, this process is overseen by the probate court.

Grounds for Contesting a Will

Contesting a will isn't a straightforward task. There are specific grounds on which you can challenge a will. Here’s a breakdown of the most common reasons people contest a will:

Lack of Testamentary Capacity

One major ground for contesting a will is that the testator— the person who created the will—lacked testamentary capacity at the time of drafting the will. Testamentary capacity means that the person must have been of sound mind, understood the nature of their estate, and comprehended the ramifications of their decisions. If you believe the testator was suffering from a mental illness or cognitive impairment that impaired their judgment, this might be a valid reason to contest the will.

Undue Influence

Another common reason for contesting a will is undue influence. This occurs when someone exerts excessive pressure on the testator to change their will in a way that benefits the influencer. If you can prove that the testator was coerced or manipulated into making changes to their will, this can be a strong basis for contesting the will.

Fraud

If the will was procured through fraud, it can be contested. This might involve scenarios where someone deceived the testator or forged the testator’s signature. To contest a will on these grounds, you'll need to provide substantial evidence showing that fraud played a role in the creation or execution of the will.

Mistake or Ambiguity

A will can also be contested if it contains a significant mistake or ambiguity. If the will includes errors or unclear provisions that lead to unintended results, this could be a basis for contesting it. The mistake must be substantial enough to affect the testator's intentions or the will's validity.

Improper Execution

In Missouri, for a will to be valid, it must be executed in accordance with state laws. This typically means that the will must be in writing, signed by the testator, and witnessed by at least two individuals who are not beneficiaries. If the will doesn’t meet these requirements, it can be contested on the grounds of improper execution.

The Process of Contesting a Will in Missouri

If you decide to contest a will, it’s important to follow the proper legal procedures. Here’s an overview of what you need to do in Missouri.

Filing a Petition

The first step in contesting a will is to file a petition with the probate court. This petition must clearly state the grounds for contesting the will and include relevant evidence. The probate court will then review the petition to determine whether there’s enough merit to proceed with the case.

Gathering Evidence

To support your claim, you’ll need to gather evidence related to your grounds for contesting the will. This might include medical records, witness testimonies, or documents proving undue influence or fraud. The more compelling the evidence, the stronger your case will be.

Court Hearings

Once the petition is filed, there will be court hearings where both sides present their arguments and evidence. During these hearings, the probate court will evaluate the validity of the will based on the grounds presented. It’s crucial to have a well-prepared legal team to represent your interests during these hearings.

Mediation and Settlement

In some cases, the parties involved may opt for mediation or settlement to resolve the dispute without going through a full trial. Mediation involves a neutral third party helping the parties reach an agreement. If a settlement is reached, it can save time and legal expenses.

Trial and Judgment

If mediation doesn’t resolve the issue, the case will proceed to trial. The probate court will make a judgment based on the evidence and arguments presented. If the court finds that the will is invalid, it will be set aside, and the estate will be distributed according to the laws of intestacy or a previous valid will.

Important Considerations in Missouri Probate Administration

Here are a few key considerations specific to Missouri’s probate administration.

Time Limits

In Missouri, there are strict time limits for contesting a will. Generally, you must file your petition within six months of the date the will is admitted to probate, according to the Missouri Revisor of Statutes. Missing this deadline can forfeit your right to contest the will.

Legal Standing

To contest a will, you must have legal standing, meaning you must have a direct interest in the outcome of the probate administration. This usually means you’re an heir or beneficiary who stands to gain or lose from the will’s validity.

Probate Administration Costs

Contesting a will can be costly. Legal fees, court costs, and other expenses can add up quickly. It’s important to weigh the potential benefits against the costs before deciding to contest a will.

Impact on Family Dynamics

Contesting a will can strain family relationships. Disputes over a loved one’s estate can lead to lasting conflicts among family members. It’s worth considering the emotional and relational costs alongside the legal and financial aspects.

Legal Representation

Given the intricacies of probate administration and will contests, it’s wise to seek legal representation. An experienced probate attorney can guide you through the process, help gather evidence, and represent your interests in court.

Post-Contesting Considerations and Next Steps

Once you’ve decided to contest a will and gone through the probate administration process, it’s essential to address a few final considerations to make sure you’re prepared for the next steps, whether the outcome is in your favor or not.

Understanding the Impact of the Outcome

After a will contest, the probate court’s decision can have significant implications. If the court invalidates the will, the estate will be distributed according to intestate succession laws or a previous valid will. Understanding how this decision impacts your share of the estate and the overall distribution plan is crucial. If the court upholds the will, it’s important to assess how this affects your position as a potential heir or beneficiary.

Future Estate Planning

If you’re involved in a will contest, it might be an opportunity to think about your own estate planning. Consider updating or creating your will to see that your wishes are clearly documented and less likely to be contested in the future. Working with an experienced estate planning attorney can help you create a robust and clear plan that minimizes potential disputes.

Monitoring the Probate Administration

Even after the will contest is resolved, it’s important to stay informed about the ongoing probate administration process. Make sure that the estate is managed according to the court’s ruling and that the distribution of assets is handled appropriately. Regularly check in with the probate court or the executor to keep track of the estate’s progress.

Moving Forward

Once the legal proceedings are over, focus on moving forward with your life. Whether the outcome was favorable or not, it’s important to address any lingering issues and begin to resolve personal and financial matters that may have been affected by the contest. Use the experience to inform your future decisions and actions, both personally and legally.

Enlist the Support of Probate Administration Today

Contesting a will and the probate administration process in Missouri can be overwhelming, but it’s important to approach it with a clear understanding and thorough preparation. Whether you're challenging a will based on issues of capacity, undue influence, or procedural errors, knowing your rights and the legal grounds for contesting is essential.

The stakes are high, as the outcome can affect not only the distribution of assets but also family relationships and personal peace of mind. By engaging with experienced legal professionals and carefully weighing your options, you can better manage the challenges of will contests and work towards a resolution that honors the testator's true intentions while addressing your concerns. Our legal team services Kansas City, Missouri and the surrounding areas including Overland Park, Lee's Summit, Independence, and Kansas City, Kansas. Call The Probate Law Center today to receive legal expertise while contesting a will.