Legal Advice To Help Build Your Future

When can you contest a will?

On Behalf of | Jun 4, 2024 | Estate Planning

If you are unhappy about a will, you may seek to challenge it. However, there are only certain reasons allowed to do this. 

You should understand any consequences of challenging a will. It might upset people and some people insert no-contest clauses into their wills so that if you challenge and lose you forfeit anything you were going to receive.

Only specific people can challenge will

You can typically challenge a will if you were named in a previous version of the will or would be entitled to a share if there were no will and the state’s intestate laws came into play. If neither applies you probably cannot mount a legal challenge.

Undue influence

If someone spends a lot of time with a person during their final months they might pressure them to alter the will in their favor. Undue influence could also involve the use of threats.


When you look at the will you note that the deceased’s signature is slightly off. Or that some of the terms they have used are not quite them. It could be someone who forged a will and is trying to pass it off as the original.

Not the correct will

People often make several versions of their wills over the years. If you believe the one being used is not the most up to date you should be able to challenge it by showing the current one.

If you feel you have reason to challenge a will, it’s best to get legal help to check if a court would agree  — and legal guidance can help you consider how to proceed.