A will is one of the most important documents that you can create during your lifetime, allowing you to distribute your assets and belongings how you want and to whom you want. But what happens when someone disagrees with what the will states? The ability to contest a will exists in Missouri, but it does have certain requirements in order to be successfully contested.
Who Can Contest a Will?
Not just anyone can contest a will in Missouri. The contestor must be a person who has an interest in the outcome of probate, typically a beneficiary or someone who believes he or she should have been named a beneficiary. The interested party must stand to benefit from contesting the will.
The will must be contested within six months of the will’s acceptance/rejection or the acceptance of the will’s administrator by filing a petition with the county court in which the decedent lived. All interested parties should be notified within 90 days of the contest, allowing time to gather evidence that proves the validity of the submitted will.
What are the Requirements for Contesting a Will in Missouri?
There are certain circumstances under which a will can be contested in Missouri.
- Fraud – If a will is fraudulently created or signed, it may be contested. In cases of fraud, a will was signed under false circumstances, such as a beneficiary telling the decedent that he or she was signing something other than a will.
- Revocation – Wills can be revoked in Missouri, rendering them invalid. A will can be contested if a beneficiary or interested party believes that the will was revoked before the decedent’s passing.
- Multiple Wills – Additionally, if a beneficiary believes that a more recent will exists, the current will can be contested.
- Undue Influence – In instances of undue influence, a beneficiary or someone else coerced or isolated the decedent in the time prior to his or her passing. The undue influence allows a person to coerce the decedent into changing or signing a new will that he or she otherwise would not have signed.
- Not of Sound Mind – A will can be contested if a beneficiary believes that the decedent was not of sound mind at the time of the signing, which renders a will invalid by Missouri law.
What if a Will is Successfully Contested?
If the contestor can prove that the will meets one of the requirements above, then the contest can be successful. The probate court can determine that the current will is invalid, which opens the possibility for other wills to be submitted. However, if there are no other wills, then probate will distribute the decedent’s assets according to state probate law. Probate court will proceed as if there is no will in place because there isn’t, which can deeply impact beneficiaries. The court will oversee the distribution of the will excluding certain assets such as those held in trusts.
How to Avoid a Contested Will
The best way to avoid a successfully contested will is to create a will with the help of an estate planning professional such as an estate planning attorney. Missouri estate planning attorneys have experience dealing with contested wills and know all the state laws that can create a strong will. Litigation surrounding contested wills can be lengthy and expensive for all involved, so crafting a will with that in mind can ensure that your wishes are honored after your death.
At Mark Harford Law, our Missouri law team has the knowledge and skills necessary to ensure that your estate plan goes according to your wishes. Contact us today to get the assistance of a skilled Missouri estate planning attorney.