Contesting a will can be an emotional and legally complex process. When someone feels a loved one's will does not reflect their true wishes or was created under questionable circumstances, they may choose to challenge it in court. At Resolutions Law Firm, we understand the personal weight behind these decisions, and we are here to guide you through the legal steps involved.

What Does it Mean to Contest a Will?

To contest a will is to formally challenge the document in probate court, asserting that it is invalid or should be modified. In Tennessee, this process typically happens during probate, the legal process that manages the estate of a deceased person. Only individuals with "standing"—those who have a financial interest in the estate—can contest a will, such as beneficiaries or heirs.

Grounds for Contesting a Will

There are several valid reasons someone might contest a will in Tennessee, including:

1. Lack of Testamentary Capacity: This means the person who created the will (the testator) was not of sound mind at the time. They may not have fully understood what they were doing, who their beneficiaries were, or the extent of their assets.

2. Undue Influence: If someone close to the testator, like a caregiver or family member, pressured or coerced them into drafting the will in their favor, this could be grounds for contesting the document.

3. Fraud or Forgery: If the will was forged or if the testator was tricked into signing a document they didn't know was their will, this is another basis for a challenge.

4. Improper Execution: Tennessee law requires that a will meet specific legal standards. It must be signed by the testator and witnessed by at least two individuals. If these formalities are not followed, the will could be deemed invalid.

Steps to Contest a Will in Tennessee

If you believe you have valid grounds to contest a will, here's how the process works:

1. File a Petition: The first step is filing a petition with the probate court that oversees the estate, outlining the reasons you believe the will is invalid.

2. Gather Evidence: Once the will is challenged, both sides will collect evidence. This may include medical records, testimony from witnesses or experts, and documentation that proves undue influence, fraud, or other claims.

3. Court Hearing: The probate court will hold a hearing where both sides present their evidence. The judge will then make a decision based on the merits of the case.

4. Mediation or Settlement: In some cases, a will contest may be resolved out of court through mediation, where both parties agree to a settlement.

Timelines for Contesting a Will

It's important to act quickly. In Tennessee, you generally have two years from the date the will is admitted to probate to contest it, though this can vary based on specific circumstances.

Conclusion

Contesting a will is not an easy decision, but it's sometimes necessary to ensure that a loved one's true wishes are honored. At Resolutions Law Firm, we provide compassionate and experienced guidance for families facing this difficult situation. If you believe a will should be challenged, contact us to discuss your options and how we can help you through the process.

For more information or to schedule a consultation, reach out to Resolutions Law Firm today.