Contest a Will – How to Keep From Going “Knives Out”

Knives Out chronicles the mystery behind the death of affluent patriarch (Christopher Plummer). Hidden within Detective Benoit Blanc’s (Daniel Craig) investigation is a family in turmoil – not because of the death itself, but because of how he divided his grand estate in his last will and testament. When it’s discovered that the patriarch has left the entirety of his estate to his faithful nursemaid (Ana de Armes), his kids do whatever they can to convince her to give up the inheritance or steal it in extraordinary ways.

This, of course, is not the best way to go about contesting a will.

The Correct Way to Contest a Will

If the statute of limitations for contesting a will hasn’t expired, you must first petition the probate court (sometimes called a caveat proceeding) evaluated for validity and grounds for contestation so as to invalidate the will and find another way to distribute the decedent’s assets. Keep in mind that contesting a will can be a complex and expensive endeavor (especially if you hire a probate attorney to make sure everything is properly executed), so verify you have all your ducks in a row before beginning the process.

Who Can Contest a Will?

There are two types of individuals that have standing to contest a will:

• Beneficiaries—legal adults specifically named in the will, whether it be a family member, friend, charity, or pet.
• Heirs—individuals who would have a claim on inheritance, such as immediate family, if there was no will upon the decedent’s death or the will was found to be invalid.

When Is Contesting a Will a Valid Course of Action?

Contesting a will is a valid course of action when you can prove that it was improperly executed. Some reasons why this happens is when:

• the person creating the will (the testator) didn’t have the mental capacity to understand the contents of the will.
• a caregiver, family member or friend coerced, manipulated, or pressured the testator into drafting or changing the will (also known as undue influence).
• Someone forged the testator’s signature.
• The will lacks the required number of signers, witnesses, and notarizations.
• There are copious amounts of conditions put on how the inheritance can be received.

What Else Should I Look Out For When Contesting a Will?

Check with your state and local laws for specific requirements. For instance, in California, family members are all considered interested parties, regardless of whether they are named in the will; and in Texas, individuals with no relationship to the testator may not contest the will. Some states will also accept no-contest clauses or hand-written notes for why assets were distributed in certain ways.

Of course, if there is a no contest clause in the will, going Knives Out may be the only remedy. Before you reach that point, though, contact King Law Firm Attorneys at Law Inc. We are ready to fight for your rights and help you navigate the often complicated and time-consuming process.

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Learn more with Gavels Down, Voices Up –

Episode 14: Inheritance Wars: Defending Your Rights and Navigating Contests

Episode 5: Last Wills and Family Feuds: Navigating Estate Planning Waters

Episode 25: The Messy Relationship Between Death, Divorce, and Your Estate Plan

Tags: beneficiary, contestation, court, heirs, knives out, movie, Probate, will
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