A will is a formal legal document that directs how the testator’s estate and assets are to be distributed after their death. Wills must be drafted and executed according to strict laws. If someone believes the law was not followed, or that a will is unenforceable for some reason, they may challenge it.
Generally, you cannot challenge a will merely because you disagree with how the estate is distributed. You must base your challenge on some valid legal grounds, such as procedural errors, fraud, or the testator’s incompetence. Sometimes, testators anticipate the will being challenged and include no-contest clauses. In that case, it may be possible to challenge the will, but you might risk losing your inheritance.
Request a private, free legal assessment from our Henderson, NV estate planning lawyers by calling Flake & Flake at (702) 829-5731.
Who is Allowed to Dispute or Contest a Will?
Under Florida law, only “interested parties” may challenge or contest a will. The law considers the following to be interested parties:
- Legal heirs under the intestacy statute who would inherit if there were no will
- Beneficiaries named in a previous will
- Beneficiaries named in a current will
- The Attorney General.
If you want to challenge a will but are unsure whether you are legally allowed to do so, ask an attorney for assistance.
How Does Someone Challenge a Will in Nevada?
Challenging a will can be a legally complex process, and you should not attempt to challenge or contest a will without legal representation.
Hire a Lawyer
If someone close to you recently passed away and you believe there is something wrong with their will, contact an attorney who handles trusts, estates, and wills as soon as possible. Your attorney can determine if you have standing to challenge the will and if there are any valid legal grounds on which to stake your claim.
Establish Standing
There must be a legally recognized reason to challenge a will. You cannot contest a will simply because you disagree with what it says or how the estate is distributed. Common examples include challenging a will because the deceased was not of sound mind when the will was written or because specific legal procedures were not followed.
File a Formal Petition
Once our Nevada estate planning lawyers review your claims and determine an effective legal strategy, we must file a formal petition to dispute the will. We have only 90 days from when you receive a notice of administration – which alerts you that the probate process has begun – to file the petition. Alternatively, you may have only 20 days if you received a formal notice of administration before the will was officially admitted to probate.
Possible Reasons to Challenge a Will in Nevada
Again, you may not challenge a will just because you disagree with how the estate is distributed. You must challenge the will based on specific legal reasons.
Improper Execution
Wills must be created and executed according to strict laws. If you believe that these laws were not followed or were followed incorrectly, you may challenge the will. For example, if a will is not signed by the testator, it is not valid and should be challenged.
Undue Influence or Duress
Many people dispute wills because they believe the testator created the will under duress or undue influence. You might believe that someone forced the testator to leave them a much larger share of their estate in their will. If you can prove that this other person exercised undue influence or coerced the testator, we may be able to challenge the will.
Lack of Testamentary Capacity
Many people do not create a will until they are near the end of their lives. Unfortunately, some people lack the capacity to create a will or change an existing will due to serious medical conditions. If you believe a testator who lacked capacity created or altered a will, you may dispute it with help from a lawyer.
Fraud or Forgery
Not all wills are valid or real. It is not unheard of for people to try to submit falsified or forged wills to claim a large stake in a deceased person’s estate. If you suspect that a will is not the real or true will, alert your lawyer and begin the steps necessary to contest it.
Can You Contest a Will if You Were Not Included as a Devisee or Beneficiary?
It may be possible to contest a will even if you are not included in it if you are an “interested party.” Interested parties may include anyone with a financial stake in the outcome of the will and how the estate is probated.
If you believe you should have been included or were excluded under wrongful or unlawful conditions, you can contest the will. Again, you cannot contest the will merely because you disagree with its contents or the overall outcome.
What Happens After You Challenge a Will
To formally challenge a will, you and your attorney must file a petition or objection with the probate court. Many petitions end in a full trial in probate court. You may be given the opportunity to present evidence and legal arguments as to why the will should be invalidated or why an old will should be upheld instead.
In other cases, you might have to go through mediation, which is sometimes ordered by the court. During mediation, you may meet informally with opposing parties and, hopefully, reach an agreement.
You may also reach a private settlement with the opposing parties. This is more common in cases where someone challenges a will because they believe they were wrongfully denied their fair share of the estate.
What Happens to an Estate if the Will is Challenged in Nevada?
When a will is challenged, probate of the estate may be paused while litigation is pending. In other cases, probate may continue, but the final distribution of assets may be delayed until your legal challenge of the will is resolved. Assets within the estate may be preserved so they are not wasted or mismanaged during litigation.
How Does a “No Contest” Clause Affect a Will?
A testator may include a no-contest clause in a will to legally prevent interested parties from challenging it. If someone challenges a will with a no-contest clause, they risk losing some or all of their inheritance. Courts strongly uphold these clauses wherever possible, and they can make a will ironclad.
What if You Contest a Will and Fail?
If you challenge a will but are ultimately unsuccessful, the will may be upheld and executed. If probate was paused, it will resume, and assets will be distributed according to the terms of the will. If there is a no-contest clause, you may face serious penalties.
Ask Our Nevada Estate Planning Attorneys for Legal Help Now
Request a private, free legal assessment from our Las Vegas, NV estate planning lawyers by calling Flake & Flake at (702) 829-5731.
