What Is the Success Rate of Contesting a Will?

Key takeaways

• There is no one success rate for challenging a will, as the outcome is dependent on the grounds, evidence, and stage at which a dispute is settled.
• The accepted reasons for disputing a will are undue influence, mental incompetence, fraud, coercion, and faulty execution.
• Medical data, witness evidence, and estate planning paperwork can go a long way in deciding the success of a challenge.
• Under Missouri law, a will contest must be filed within six months after the will is admitted to probate. If the contest is not timely filed, the claim may be barred forever.
• Outcomes vary widely depending on the strength of the legal basis, accessible evidence, and how far a dispute goes.

When a family member passes away and then the will is read, and the provisions of the will are unexpected, it is only natural to wonder if the will actually represents the ultimate intentions of the deceased. Before deciding to go ahead with a legal challenge, many people want to know the success rate of contesting a will. Results vary depending on the strength of legal basis, quality of evidence provided, and length of dispute. TdD Attorneys at Law LLC enables families in St. Louis to understand their alternatives and whether a challenge is worth the effort.

What Does It Mean to Contest a Will?

To contest a will is to launch a formal legal proceeding in probate court to challenge the legitimacy of the instrument, not merely to complain that you don’t agree with the way the assets were allocated.

Not Every Disagreement Is Valid Grounds for a Will Contest

Being unsatisfied with a will is not a valid legal challenge. If you were expecting more or disagree with the division of assets, you still have to demonstrate a particular legal issue with the will itself to have standing in Missouri probate court.

Common Reasons People Challenge a Will

Missouri law provides numerous different reasons to contest a will, but all of them require evidence, not speculation.

• Undue Influence: When a person in a relationship of trust with the testator (the person who made the will) utilizes that relationship to influence the will in their advantage, the will may not express the genuine desires of the testator.
• Lack of Testamentary Capacity: To be legitimate, the person signing the will must have known what they were doing at the time, including the form of the document, the extent of their assets, and who their natural heirs were.
• Fraud and Coercion: Fraud occurs when someone lies to the testator regarding the will itself. For example, lying about what the will says. Coercion: If the testator was directly under coercion or threats while signing.
• Improper Execution: Missouri law requires that a will be signed and witnessed in a certain way. A document not executed in line with those conditions may be invalid regardless of its contents or the person benefiting therefrom.

What Factors May Affect the Success of a Will Contest?

No one piece of evidence makes a will contest prevail. The courts look at the entire record, and the power of what a person can offer very often determines if a case goes forward, settles, or fails.

Evidence, Witnesses and Estate Planning Documents

Medical data contemporaneous with the signing of the will can document a diagnosis, medication changes, or mental decline that directly affects the testator’s mental acuity.

Testimony of caretakers or family members, as well as earlier wills and written statements of the testator’s wants, can determine if the challenged will was a genuine expression of the testator’s desire or an unexplainable deviation from consistent prior requests.

How Courts Evaluate Claims of Undue Influence or Lack of Capacity

In undue influence instances, the courts look at the relationship between the testator and the person who is alleged to have exercised the influence, and if the will was compatible with what the testator said and did in his lifetime.

Capacity claims are a separate matter. Courts look at the mental health of the testator at the time the will was made. There is a difference between being old or being ill and being mentally incapable of making decisions regarding one’s inheritance.

Important information about How to Update Your Estate Plan Yearly in Missouri

Why Timing May Matter in a Will Contest Case

RSMo Section 473.083 generally requires a contest to be filed by an interested person within six months from the date the will was admitted to probate, or six months from the date the court formally opened the estate, whichever is later.

The best thing is to go see an attorney as soon as you have a concern.

Understanding Your Legal Options in a Probate Dispute

If you have questions concerning the success rate of contesting a will or think a loved one’s will does not reflect their genuine intentions, contact TdD Attorneys at Law LLC now. Our St. Louis probate attorneys can review your case and assist you in understanding your alternatives. Schedule a consultation by calling (314) 276-1318.