Next, the tree will prompt you to identify whether you are contesting a will or trust, or something else entirely. 

For Wills & Trusts

A will is a legal document created by an individual to provide instructions for the administration and distribution of their assets after their death. To challenge a will, you must prove that it was improperly executed, was wrongly influenced by another individual, or that the creator lacked the ability to understand the will at the time it was executed. Common issues leading to will contests often fall into one of the three following categories.

Will or Trust Does Not Reflect the Creator’s True Wishes

• The creator was pressured or coerced into changing it against their true intentions.
• The will or trust was fraudulently altered by another party or the creator was misled into signing or changing the document.
• The creator was subtly pressured, deceived, or manipulated by someone whom the creator relied on (for example, a caretaker or family member).

The Will or Trust Is Faulty

• The will or trust does not have sufficient instructions (i.e. there is no beneficiary, there is no trustee, there is no executor, etc.)
• The will or trust was not signed properly (i.e. the signature was not witnessed, the document is not signed at all, etc.)
• It was forged.
• The creator was not competent to create or change it (for example, if the creator’s mind was altered by dementia, strokes, or pain medication)

The Will or Trust Is No Longer What the Creator Wanted

• The document being used as the will or trust was revoked completely and there is no estate plan.
• The document being used as the will or trust was replaced by a newer document. In California, if you discover a valid, more recent version you must act quickly as there is an additional time limit to consider.

At the same time, you should examine the root cause that led to the changes you are contesting. 

How Was this Change Made?

• The creator made the change themself, despite lacking the ability to understand the document.
• The will or trust was created under false pretenses, through deception, or using forged documentation.
• The creator was pressured, coerced, misled, or manipulated into creating or adjusting/amending it.

For Other Documents or Arrangements

If you are not contesting a will or trust, you may be questioning other important documents, asset arrangements, or methods to transfer an inheritance. Notably, powers of attorney may be challenged if there are concerns about abuse of authority, lack of capacity, or undue influence. Beneficiary designations on life insurance policies, retirement accounts, and payable-on-death (POD) accounts can also be challenged, especially if changes were made without the ability to fully understand them or under suspicious circumstances. In addition, disputes may arise over joint tenancy or survivorship arrangements, particularly if someone was added improperly to title. 

Gifts made shortly before death, trust amendments or restatements that significantly alter an estate plan, and contracts such as family settlement agreements or prenuptial agreements may also be challenged. Even deeds, like transfer-on-death (TOD) deeds, can be contested if there is evidence of fraud, undue influence, or lack of capacity. In short, if you are not contesting a will or trust, you are likely challenging the transfer of assets outside of probate or the authority someone exercised through a legal document. If you have questions about challenging a power of attorney, beneficiary designation, or other asset transfer, contact an experienced attorney to help protect your rights and navigate the process.