Contesting a Will

The whole point of probate is to effectuate the testator's true intent, but there are circumstances where the decedent's last will doesn't reflect the testator's intent.

Sometimes there is a meddlesome person who has exercised "undue influence" over the testator to get the testator to change the will and leave the meddlesome person money. Sometimes one child has persuaded the testator to leave everything to him and to cut out the other children. Will contests allow the disinherited children to offer the proof they had that, but for the "undue influence," the testator would have left the estate to all of them.

The probate court's job is to determine whether the will sought to be admitted to probate is in fact the decedent's true will. Sometimes there's a subsequent will that someone else shows up with. Sometimes the will introduced to probate doesn't meet the legal requisites of a valid will because there weren't disinterested witnesses, i.e., one of them is a beneficiary under the will. Sometimes the testator was induced to sign a will when he or she wasn't in her right mind--didn't have "testamentary capacity."

In short, there are plenty of reasons that the law recognizes as good reason to allow a will introduced to probate to be contested. Remember, the fact that the will is contested doesn't mean it isn't introduced to probate. It just means the people who think it doesn't reflect the testator's intent get to make their case to the court.