Will Contests

Anyone contesting the validity of a Will generally must do so within 4 months of the Will being admitted to probate. A Will may be challenged on various grounds, including the competency of the decedent to make the Will, or allegations that the Will was obtained through undue influence or fraud. The burden is on the party challenging the Will to prove, by clear, cogent, and convincing evidence, that the Will is invalid. Because the decedent obviously cannot testify in a Will contest, the normal rules regarding hearsay do not apply, and statements the decedent made that are relevant to the Will contest may be admitted as evidence. However, to help ensure any statements attributed to the decedent are accurate, only disinterested witnesses may testify; anyone who could benefit directly or indirectly from the outcome of the Will contest cannot testify regarding statements made by the decedent.

If you would like to contest a Will, intervene in an existing Will contest, or need assistance with any other probate, trust or estate matter, please call us at (425) 455-5513, toll free at (877) 455-5513, or send us an email.