You had a loving relationship with your mother and she always said
she would leave everything to you and your siblings, but after she
died, you discover she had recently written a new will, leaving
everything to her housekeeper. Is there anything you can do? If you
believe a loved one’s will is not valid, you may be able to contest it.
But proving a will is invalid is difficult and this process should be
undertaken only if you are sure there is something wrong.

Only certain people can contest a will. For example, you can’t
contest your friend’s will just because you believe she shouldn’t have
left her estate to her niece. You must be an interested party. This
means you would have inherited from your loved one if there was no will
or you are a beneficiary of the will.

In addition, you cannot contest a will solely because you
think the distribution is unfair. A will can be contested only in
certain circumstances; there must be evidence that something is wrong
with the will. The following are the situations in which a will may be
contested:

• Mental incapacity. You may contest a will if you
  believe your loved one did not have the mental capacity to write the
  will. The best way to prove this is with a statement from a doctor who
  examined your loved one around the time he or she wrote the will. You
  may also use medical records and other witnesses who were around your
  loved one at the time.
• Undue Influence. If you believe another person exerted undue
  influence over your loved one and induced your loved one to change the
  distribution under his or her will, you may contest the will based on
  undue influence. Generally, the person contesting the will is required
  to prove the person exerted undue influence. However, if the person had
  a fiduciary relationship with your loved one, that person may have to
  prove that there was no undue influence. People who might have a
  fiduciary relationship include a child, a spouse, or someone with a
  power of attorney.
• Fraud. Arguing your loved one was fraudulently induced into
  signing his or her will is another way to contest a will. Fraud
  occurred if your loved one signed a will without realizing it was a
  will. It could also happen if someone gave your loved one
  misinformation that caused him or her to change the distribution in the
  will.
• Not Executed Properly. Finally, a will may be invalid if it
  was not executed properly. Each state has laws dictating what makes a
  will valid. Usually, the signing of the will must be witnessed by
  independent witnesses. If the document was not witnessed properly, it
  may be invalid.

If you want to contest a will, you should contact an attorney
immediately because you will need to file a claim with the court. If
you are an interested party, you should receive notice from the court
that the will is being probated.

If you are successful in invalidating a will, the court may
reinstate your loved one’s prior will. If there is no earlier will, the
estate may pass under the state’s intestate succession laws. Another
alternative is for the court to invalidate just the portion of the will
that is invalid, leaving the rest intact.