Contesting a Will

At the Boppre Law Firm, one of our specialties is estate planning. We pride ourselves in creating valid wills pursuant to the North Dakota Century Code that are our client’s exact wishes on how they would like their estate distributed upon their passing. However, sometimes our loved ones can be persuaded or influenced to create wills and other estate planning documents outside of our firm that are not valid and against their wishes. This can have devastating effects within the family unit, but more importantly, it is not a true representation of how the recently deceased wanted their estate to be distributed.

Who

The first thing to ask is who can contest the will or who has the legal standing to bring forth the action. The most common individuals to bring forth a will contestation are as follows:

• You were a beneficiary in a previous will

• You are a current beneficiary in the will being probated

• You are a beneficiary in a newer will then the will being probated

• You would be an heir if intestacy applied

When

Sometimes loved ones will know right away that the will should be contested, but sometimes the need does not come to light right away. Luckily, N.D.C.C. §30.1-12-08 sets out the timeframe for different scenarios of when you are able to contest the will.

Why

Lastly, why are you contesting the will. There are several legal theories of why someone may contest the will, including:

• Lack of Testamentary Capacity

The mental ability to make the will, which includes what you have, who you are giving it to, and its value.

• Fraud, Undue Influence, or Forgery

Were they forced or tricked? This is usually seen when there is a sudden, complete change to someone’s will especially near end of life.

• Another Will or State Requirements

Did you accidently probate an older will and find the newer one? You can contest it. Does the will not meet state requirements to make it valid? You can contest it.

Estate planning is our specialty. Whether it is creating the perfect plan for you or having to contest someone else’s we are here for all of your estate planning needs.

If you have any questions on contesting a will, or wish to meet with one of our attorneys, please give us a call or send us a message!