A will is a legal paper that describes what a person wants to be done with his or her belongings when they die. A person may also appoint a guardian to care for children. There are times when wills are contested and there are attorneys who handle will contest cases. Each state may have specific rules for how things are done, but essentially a will is a legal document that makes official what will happen to a person's assets. Anyone of legal age can make a will, but care must be taken to make sure it is done correctly to stand up in court.

Usually, it is a family member who contests a will when they felt they should have gotten some or more of the property. In some states, only a family member, or someone who could reasonably expect to be an heir, may contest a will. A person from the general public who does not know the person who made the will could not file a suit.

Reasons to change a will
In legal circles the person who made the will is called the "testator." Here are five reasons a person might file a suit to challenge a will a testator has made.

1. Mentally incapable. The person must be mentally capable enough to know what property they have and what they want to do with that property. It would have to be proven the person was not mentally competent at the time the will was made. Loss of memory or declining mental stability at the time of death may not be grounds for such a suit.

2. Undue influence. Another reason is if it is believed the testator was influenced unfairly by someone else. A caretaker, a friend, or even a family member, can manipulate the person into a decision he or she did not mean to make. It would have to be proven the person was vulnerable, and then unduly influenced.

3. Legal requirements are not met. States have very specific requirements that must be met, and if any requirement is not met the will could be declared invalid. There must be two witnesses, and it must be signed by those witnesses in most cases. Also, online do-it-yourself forms are generally not considered legally binding.

4. Fraud or testator changed their mind. If it can be proven the testator changed his mind after writing the will, that can be a legitimate claim against a will. If there was any kind of fraud or tampering with the will, or the testator as he or she wrote the will, that could also be a valid reason to contest a will.

5. Changes. If a couple marries and has children from a previous marriage, they may create a will and agree to not change that will after one of them dies. If one does die, and the survivor changes the will to the detriment of some of the heirs, that is another reason to contest a will. This would at least be considered a breach of contract, and that could be used to contest the later will.

What if there is no will
If there is no will, the courts decide what happens to a person's property. In most states, the next of kin gets the property, but that is not always a simple matter. If the person was married at the time of death, the spouse would inherit everything. If the person was not married and had children, the children would inherit the property. That can be complicated when there are blended families with step-children. States have rules that set out how next of kin is determined, and there could be a valid reason to contest a ruling in those cases.

How to contest a will
If you feel you have been treated unfairly and wish to contest a will, contact attorneys who handle will contest cases. They will be able to determine if you have a legitimate argument or a legitimate case that should move forward. Some wills have "no-contest" clauses which state the person challenging a will is to be barred from inheriting anything. This often applies when frivolous claims are made, but if you have a legitimate case and are proceeding in good faith, even a no-contest clause can be dismissed by a judge. Call an attorney today if you are considering questioning a will. Most of the time the initial consultation is free, and that can help you understand if you have a valid argument.


Sources
https://www.thebalance.com/how-to-contest-a-will-3504867#:~:text=There%20are%20four%20grounds%20for,will%20was%20procured%20by%20fraud.
https://www.forbes.com/sites/christinefletcher/2018/05/21/5-things-you-should-know-about-contesting-a-will/#fa6997147887