We regularly advise families who need clarity on the probate process and what happens if a will is challenged. A will spells out how a loved one’s assets should be distributed, but at times, certain relatives or interested parties question its validity.
The idea of a “contested will” can sound intimidating, often leading to confusion or tension among surviving family members. Our will validation attorney aims to help you understand each stage of this process, from the reasons someone might dispute the document to how the court ultimately decides whether the will holds up.
When handled correctly, the validation stage can finalize a will’s directives and resolve disputes before they escalate into long and expensive legal battles.
In general, Oklahoma law presumes that a properly executed will is authentic, provided it meets the formal standards—like being signed by the testator (the person who made the will) and witnessed as required.
Nonetheless, certain grounds can prompt an interested party to argue that the will is invalid. These might include a lack of testamentary capacity, undue influence by someone close to the testator, fraudulent signatures, or allegations that a newer will supersedes the older one.
In some situations, each claim might revolve around slight details, such as whether the testator clearly understood the extent of their estate or recognized the natural heirs.
Because the contested will can freeze the estate’s distribution, it’s crucial to address these objections directly. Below, we’re discussing what families need to know about the will-validation process and how working with a will attorney can help steer the matter toward a fair resolution.
While no one wants to imagine relatives bickering over assets, it’s not uncommon for disputes to arise. Generally, a court only allows someone with legal standing—often a beneficiary or someone who would benefit from a different distribution—to initiate a will contest. The overarching arguments typically include:
Lack of mental capacity: Someone might claim the testator was too ill or cognitively impaired to understand what they were doing.
Undue influence: If another individual manipulated or coerced the testator into changing the will for unfair gain.
Fraud or forgery: Allegations that parts of the will, or the signatures, aren’t genuine.
Procedural defects: Will signings in Oklahoma must follow formalities, including required witnesses. Failing those, the will might be invalid.
When disputes center on these issues, the probate court looks for clear evidence supporting or refuting each claim. We, as a will attorney firm, know that good documentation—such as medical records, prior drafts, or statements from witnesses—can make or break the argument for or against the will.
Once a will enters probate, the executor presents it to the court for official validation. If a beneficiary or other party chooses to contest it, they must file a formal objection, generally within a specified period of time set by state law. Missing that deadline can forfeit the chance to challenge. Steps to challenging a will are:
Filing an objection: This legal document explains the contesting party’s grounds, whether it be undue influence or lack of capacity.
Collecting evidence: The objector often compiles emails, medical opinions about the testator’s condition, or other records suggesting wrongdoing or error.
Notification: The executor or other interested parties learn about the objection, giving them a chance to respond.
We frequently see families worry that even a baseless objection might halt distribution for months. Indeed, while the matter remains unsettled, the estate usually can’t distribute major assets unless the court authorizes partial disbursements. This underscores why prompt action and thorough representation by a will attorney can keep the process on track.
During the probate hearing or trial on the contested will, the judge or, in some cases, a jury, will examine the alleged flaws. The burden typically falls on the challenging party to prove the will’s invalidity. Meanwhile, those supporting the will attempt to demonstrate its authenticity. Courts usually consider:
Mental capacity analysis: Medical records, statements from close friends, or the testator’s physician may clarify whether the individual truly understood the nature of their estate and who should inherit.
Undue influence arguments: The court looks for signs that the testator was manipulated. Evidence might include an unusual gift to a caretaker who isolated them from other relatives, or abrupt changes in the will that align suspiciously with a manipulator’s wishes.
Testimony of witnesses: The notary or the attesting witnesses might confirm they saw the testator sign willingly and recognized the document as a will.
Any prior contradictory documents: If a previously established estate plan differs greatly from the contested will, the objector might highlight these discrepancies to show abnormal changes.
During these proceedings, each side can call witnesses, present letters or records, and cross-examine. Because such formalities can feel intimidating, families often rely on a will attorney to coordinate the strategy, preventing confusion and helping with compliance with the probate court’s procedures.
The judge or jury eventually decides whether the contested will meets legal muster or fails due to the alleged flaws. Several possible scenarios might result:
Validation of the will: If the evidence doesn’t show a serious problem, the court confirms the will, allowing the estate to proceed with the stated distributions.
Partial invalidation or modifications: The judge may throw out specific provisions found to be tainted by undue influence, or revert to an older section that remains valid.
Complete invalidation: If the entire document is deemed invalid, the estate might shift to a prior will (if one exists) or pass by intestacy rules, dividing assets according to default state law.
Settlement among parties: In some disputes, relatives reach an out-of-court compromise that modifies the will’s distribution.
Knowing that these varied outcomes exist, we strongly recommend parties approach the contest with well-organized facts and, when possible, aim for mediation if they realize the legal risk of a total court battle. A skilled will attorney can facilitate these alternative resolutions.
Protracted will contests sap time, money, and emotional energy from everyone involved. Thus, many families prefer trying settlement or mediation, especially if the root cause is a misunderstanding or an assumption that one heir manipulated the testator. In mediation:
A neutral mediator helps each side voice concerns, often uncovering that the testator’s decisions might have been misunderstood or that one sibling assumed more was promised to them.
Preserving relationships emerges as a goal. Since will contests can permanently damage family bonds, an amicable agreement might hold more appeal.
Parties can save on litigation costs. Full trials can be expensive. Even partial out-of-court compromises can reduce these burdens.
Working with a will attorney in these negotiations clarifies how to adjust distributions or disclaim certain assets to defuse the conflict. If a valid reason supports minor modifications, that might be simpler than rolling the dice on a judge invalidating the entire document.
While the focus here is on the process once a will is contested, it’s worth noting how a carefully crafted will can lessen the odds of a challenge. Encouraging testators to involve an attorney, hold a formal signing with clear witnesses, and store older estate documents in an accessible file can reduce suspicion and provide clarity.
Families can prevent will disputes with the following tips:
Use a professional approach: Self-made or handwritten wills are more prone to ambiguities that spark conflict.
Consider capacity-proof steps: If the testator is elderly or ill, obtaining medical affirmation of mental capacity near the time of signing can neutralize future arguments.
Discuss the plan with heirs: While not everyone wants transparency, letting family members know generally what to expect may reduce shock or anger, key triggers in a will contest.
Though not foolproof, these methods can deter claims of undue influence or incompetence, and they often give a standing advantage if litigation arises. We see that testators who’ve recognized the risk of contest make sure that their estate documents reflect professional rigor.
We at Brier Law Firm PLLC assist families throughout the Tulsa area, including Cherry Street, Kendall-Whittier, Mcclure Park, Patrick Henry, South Peoria, Longview Lake, Turley, and throughout Rogers County and Wagoner County. Reach out to us today to get started
We at Brier Law Firm PLLC in Tulsa, Oklahoma, regularly advise families who need clarity on the probate process and what happens if a will is challenged. A will spells out how a loved one’s assets should be distributed, but at times, certain relatives or interested parties question its validity.
When someone passes away, their property doesn’t automatically transfer to loved ones. In many cases, the estate goes through probate, a legal process used to validate the deceased person’s will, settle debts, and distribute assets.
