A will contest is a legal challenge to the validity or legitimacy of a person’s last will and testament after their death. The individual contesting the will, often referred to as the “contesting party” or “challenger,” believes that the will does not accurately reflect the intentions of the deceased person (the “testator”) due to various reasons. Will contests are typically based on specific legal grounds and can lead to court proceedings to determine the validity of the will.

Common examples of grounds for will contests include:

1. Lack of Testamentary Capacity: This occurs when the challenger believes that the testator did not have the mental capacity to understand the nature and consequences of creating a will. Examples of factors that may contribute to a lack of capacity include dementia, mental illness, or cognitive impairment.
2. Undue Influence: Allegations of undue influence arise when the challenger believes that someone exerted excessive pressure or control over the testator, causing them to make decisions against their free will. This could involve manipulation, coercion, or threats.
3. Fraud or Forgery: If the challenger can provide evidence that the will was forged or that the testator was deceived into signing a fraudulent will, they may contest the document’s validity.
4. Improper Execution: Wills must be executed according to specific legal formalities, such as the presence of witnesses and proper notarization. If these requirements are not met, the will may be challenged on the grounds of improper execution.
5. Revocation: In some cases, a challenger may assert that the testator revoked the will, either explicitly or implicitly, before their death. This could involve creating a new will or destroying the existing one.
6. Mistake or Ambiguity: If the will is unclear or contains mistakes that affect its interpretation, it may be subject to contest. This can include unclear provisions, contradictory terms, or omissions.

To reduce the risk of a will being contested, individuals can take several steps:

1. Consult with an Attorney: Work with an experienced estate planning attorney to draft and execute the will. Mir & Bashir attorneys can ensure that the will complies with state laws and minimize the potential for contest.
2. Capacity Assessment: Ensure that the testator has the mental capacity to make decisions about their estate when creating the will. This may involve obtaining a medical assessment or professional evaluation if there are concerns about capacity.
3. Transparency: Be open and transparent with family members and beneficiaries about the contents of the will to minimize surprises and potential disputes.
4. Proper Execution: Follow the legal formalities required for executing a will in your jurisdiction, such as having witnesses sign the document and notarizing it when necessary.
5. Include a No  Contest Clause: Some wills contain “no  contest” or “in terrorem” clauses that discourage beneficiaries from contesting the will by disinheriting them if they do so unsuccessfully.
6. Update the Will: Regularly review and update the will to reflect changing circumstances and ensure it remains current and accurate.

It’s important to note that while these steps can reduce the risk of a will contest, they do not guarantee that a challenge will not occur. Individuals with concerns about the potential for will contests should consult with an attorney to discuss their specific situation and develop a comprehensive estate plan that aligns with their goals and minimizes legal challenges.