Contesting a Will in Indiana: Grounds and Process

If you believe a loved one’s Will does not reflect their true wishes, Indiana law provides a process for challenging it. Read on for information on the process for contesting a Will.

Who Can Contest a Will?

Not everyone has the legal right to challenge a Last Will and Testament, or a Will, in Indiana. To contest a Will, a person must have a direct financial interest in the Estate of the deceased person. This usually includes beneficiaries named in the Will, beneficiaries named in a prior version of the Will, and heirs who would inherit under Indiana’s intestate succession laws if the Will were to be declared invalid. A person who has no financial interest in the Estate generally cannot contest the Will.

Grounds for Contesting a Will

Indiana law allows a will to be challenged for several reasons. One common reason is a lack of testamentary capacity. When signing a Will, the person making the Will should understand what property they own, who their heirs are, and that the Will directs how their property will be distributed after their death. If the person was suffering from dementia, mental illness, or another condition that impaired their ability to understand these things at the time the Will was signed, the Will may be challenged on capacity grounds.

Another common reason is undue influence. Undue influence occurs when someone in a position of trust or authority pressures the person making the Will to the point that the Will reflects the influencer’s wishes rather than the testator’s own intentions. Courts look at factors such as the relationship between the parties, whether the alleged influencer had the opportunity to exert pressure, and whether the Will contains provisions that are inconsistent with what the testator had previously expressed.

A will may also be challenged on the grounds that it was not properly signed and witnessed. Indiana requires that a Will be in writing, signed by the testator, and witnessed by two uninterested people. A court may find the Will invalid if these legal requirements were not met. Additionally, a Will may be challenged if it was the product of fraud, such as if someone tricked the testator into signing a document they did not understand was a Will.

No-Contest Clauses

Some wills include a no-contest clause, which states that any beneficiary who challenges the Will may lose their inheritance if they contest the Will’s validity or their share of the Estate. Indiana courts generally enforce no-contest clauses unless the person challenging the Will had probable cause to do so. This means that filing a contest without a strong factual basis could result in losing whatever inheritance the Will originally provided.

If you believe a loved one’s Will does not reflect their true wishes, the Elder Law Attorneys at McNeelyLaw can evaluate your situation and advise you on your options. Contact us today by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.