The contest must be filed within a statutory period after admission to probate and by a person with standing. Grounds include lack of testamentary capacity, undue influence, fraud, duress, forgery, and improper execution.
The proponent bears the initial burden of due execution.
Alternative Names:
Contest of Will|Will Challenge
Why it Matters?
Contest deadlines are short and jurisdictional in most states, frequently running three to six months from admission or from notice, which forfeits the claim regardless of merit once expired. Standing requires that the contestant would benefit if the will were invalidated, which excludes those who fare no better under a prior instrument or intestacy. Both are threshold defenses resolvable before reaching the merits.
Frequently Confused with
Related terms
Frequently asked questions
What are the threshold defenses?
Who lacks standing?
