will contest


Also found in: Wikipedia.

will contest

n. a lawsuit challenging the validity of a will and/or its terms. Bases for contesting a will include the competency of the maker of the will (testator) at the time the will was signed, the "undue influence" of someone who used pressure to force the testator to give him/her substantial gifts in the will, the existence of another will or trust, challenging illegal terms or technical faults in the execution of the will, such as not having been validly witnessed. A trial of the will contest must be held before the will can be probated, since if the will is invalid, it cannot be probated. (See: will, probate, in terrorem clause)

References in periodicals archive ?
42) As Professor Jack Leavitt noted some years ago when discussing this policy of strict construction, one court, for example, even declined to enforce a forfeiture clause against a beneficiary who participated in a will contest that had been filed some months earlier because the clause stated that it applied to beneficiaries who "instituted" challenges, and the beneficiary in question simply joined an ongoing contest.
59) Because the outcome of a will contest is often tremendously difficult to predict, especially when a beneficiary is claiming undue influence over an elderly or infirm testator, (60) this approach uses the probable cause standard (or a variant on it) to temper the harsh result of total disinheritance while respecting the testator's interest in discouraging litigation.
The firm has been representing many clients successfully in every form of estate dispute and will contest lawsuits.
However, several of her heirs at law filed a will contest.
A will contest, the court continued, is a fundamentally different action from a tort claim for intentional interference with expectancy of inheritance.
Unlike those plaintiffs, the court said, Shriners had no knowledge of Ellis's bequest in her 1964 will until after the 1999 will was admitted to probate and section 8-1's six-month deadline for a will contest had expired.
It is important to note that the precise issue being decided by the Grooms court was whether the will contest had to be heard before the admission of the will to probate and the appointment of the personal representative.
203(1) is designed to "flush out" a potential will contest before the probate process goes too far by providing that if the persons who are likely to have some interest in the validity of the will being offered for probate6 file a caveat, then the proponent of the will must notify them as "interested persons.
As a result, the will's proponent is embroiled in a will contest before he or she has the ability to control the estate.
When the contents of Seward's will became known, the children instituted the will contest that David Margolick chronicles in his book.
The Seward Johnson will contest was a meritless claim that a well functioning legal system should have suppressed in short order.
A sense of entitlement from adult children as beneficiaries should be challenged in community education as Will contests have a high economic, social and relationship cost.