Contesting a Will

A will is an official legal document. Simply disliking the results of a will is not enough to justify a valid challenge to a will. Wills can be contested for a variety valid reasons including mental incapacity, undue influence, fraud, duress, and improper witnessing.

Grounds for contesting a will.

1. Lacking Capacity

The person who created the will did not have the testamentary capacity. If the testator is suffering from a serious mental impairment at the time the will was created, there may be a valid argument for contesting it. The test is to determine whether the person fully understood that they were creating a document that determines how their possessions or money would be distributed upon death.

2. Testator was unduly influenced

Undue influence within Minnesota includes persuasion exerted upon the testator by another to such a degree that it destroys or overcomes the testator’s free will and substitutes it with the will of the other person.

3. Improper execution or forgery

A will can be voided by the Court if the testator’s signature has been forged or if the testator’s signature was not properly witnessed. Witnesses to the signing of a will must see the testator actually sign the will.

For more information about this or other legal issues, contact Attorney Scott Kelly at 507-625-2525 or by email.

This webpage contains general information and not legal advice, nor is it an exhaustive representation of its subject matter. It is based on Minnesota law in effect at the time of writing. An attorney at Farrish Johnson can advise you about how the law applies to your specific situation.