What to Do When Someone Is Contesting a Will
Few things create more family tension, or can even sever relationships, than a dispute over a loved one’s estate. When someone contests a Will, emotions run high, relationships strain, and confusion about legal rights can make a difficult situation even harder. Whether you are the executor trying to defend a valid Will, a beneficiary worried about your inheritance, or someone who believes a Will does not reflect the true wishes of the person who passed, the most important thing you can do is get experienced legal counsel involved early.
Here is what you should know about Will contests in Missouri and why having the right attorney matters at every stage.
Who Has the Right to Contest a Will?
Not just anyone can challenge a Will. Under Missouri law, only “interested persons” have standing to file a Will contest. This generally includes beneficiaries named in the Will, beneficiaries named in a prior or later version of the Will, heirs who would inherit under Missouri’s intestate succession laws if no valid Will existed, and certain creditors of the estate.
Simply being upset about what the Will says is not enough. A person who feels shortchanged cannot file a contest based on disappointment alone. There must be a recognized legal basis for the challenge, and the person filing must have a genuine financial stake in the outcome. An experienced probate attorney can help you determine whether a contest has legitimate legal standing or is unlikely to succeed.
Common Grounds for Contesting a Will
Missouri courts recognize several legal grounds on which a Will can be challenged. Understanding these grounds is important, but evaluating whether they actually apply to a specific situation requires the judgment of a skilled attorney who understands Missouri probate law.
Undue influence. If a family member, caregiver, or other individual exerted excessive pressure on the testator to change the Will in their favor, the document may be challenged. These cases often involve complex factual questions that require thorough legal investigation.
Lack of testamentary capacity. The person who created the Will must have been of sound mind at the time they signed it. If someone can demonstrate that the testator did not understand what they owned, who their family members were, or what the Will would accomplish, this can serve as a basis for a contest.
Fraud or forgery. A Will can be contested if someone can show that the testator was deceived about what they were signing, or that the document or signature was forged entirely.
Improper execution / structural problems. Missouri requires that a Will be in writing, signed by the testator, and witnessed by at least two individuals.
- A witness must be a competent adult; and should be someone “disinterested” (not named in the Will)
- The Will should name a Personal Representative to be in charge, and should clearly outline beneficiaries in a straightforward manner.
- A beneficiary should not also be a witness. If so, the Will may still be found valid, but the witnessing beneficiary will lose their right to that share.
- A Will should contain a “self proving affidavit”, which is a special notarization provision that removes the later requirement that the witnesses be located when attempting to probate the Will. By having a self proving affidavit, the Will is considered “self proved”, the witnesses do not have to be later located, and the Will generally will be admitted into evidence with less scrutiny. This is not absolutely required, but greatly increases the chances that the Will does not have later problems.
If these formalities were not followed, the Will may later have problems, or be deemed invalid.
Not Having an Original Copy / Revocation. A contestant may argue that the testator revoked the Will before passing, either by creating a newer Will or by explicitly declaring the old one invalid. If the original Will is not found, but only a copy, how do we know the testator did not revoke the original?
Each of these grounds involves specific legal standards and burdens of proof. What may seem like a clear-cut case to a family member may look very different once an attorney reviews the facts and applicable law.
Missouri’s Strict Timeline for Will Contests
Timing is critical. Missouri imposes a six-month deadline for filing a Will contest. This period begins from either the date the Will was probated or the date when notice of letters on the estate was first published, whichever occurs later. Once that window closes, the probated Will becomes binding regardless of any concerns about its validity.
Because this deadline is strict and unforgiving, speaking with a probate attorney as soon as a dispute arises is essential. Missing the filing window means losing the right to challenge the Will entirely, no matter how strong the underlying concerns may be.
Why Legal Representation Is Critical in a Will Contest
Will contests are formal legal proceedings heard before a circuit court judge, and the full rules of civil procedure apply. This is not an area where informal conversations or self-guided research can substitute for professional legal counsel.
Whether you are defending a Will against a challenge or considering filing a contest yourself, an experienced probate attorney can evaluate the merits of the case, gather and preserve the evidence needed to support your position, navigate court procedures and filing deadlines, and work toward a resolution that protects your interests. The outcome of a Will contest can permanently alter how an estate is distributed, affect family relationships for years to come, and involve significant financial stakes. Having a knowledgeable attorney guiding you through the process is not optional — it is essential.
Can a Will Contest Be Prevented?
One of the best ways to reduce the risk of a future Will contest is to work with an estate planning attorney from the start. An attorney can ensure your Will is properly drafted, legally executed, and regularly updated to reflect your current wishes. Tools like no-contest clauses, which discourage frivolous challenges by revoking the inheritance of anyone who unsuccessfully contests the Will, can also be incorporated into your estate plan with proper legal guidance.
Proactive estate planning with the help of a qualified attorney remains the single most effective way to protect your family from costly and divisive disputes down the road.
Additionally, working with an attorney provides a potential future witness that can be called upon, if necessary, to attest that the Will reflected the testator’s wishes, was independently signed and not done under influence or pressure, and that the testator was competent to sign at the time.
Protect Your Family’s Future with Experienced Legal Guidance
Contesting a Will is a serious legal matter with lasting consequences for families and estates alike. Whether you need to defend a Will against a challenge or believe a loved one’s true wishes are not reflected in the document – or if you simply want an opinion on all of the above without committing to any contest or specific course of action – having the right attorney on your side matters. The team at The Piatchek Law Firm, LLC has extensive experience handling probate cases and estate planning throughout southwest Missouri. Call us at 417-882-5858 or visit our website to schedule your complimentary consultation.
If you have questions about this issue, a probate attorney in Springfield, MO can help you understand the legal risks and the best path forward.
