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Understanding Will Contests: Introduction and Procedural Matters

Learn about who can contest a will, the types of trials involved, necessary parties, statute of limitations, and temporary administration in cases of will disputes.

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Understanding Will Contests: Introduction and Procedural Matters

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  1. Will Contests:Introduction and Procedural Matters

  2. Who has motive to contest? • 1. Heirs who would benefit by an intestate distribution.

  3. Who has motive to contest? • 2. Beneficiary of prior will who would take if new will is invalid.

  4. Standing to Contest -- § 10 • Interested person under § 3(r).

  5. Necessary Parties -- § 10A • Beneficiaries who are: • Institutions of higher education • Charities

  6. Type of Trial -- § 21 • Contestant is entitled to a jury trial.

  7. Statute of Limitations -- § 93 • 1. Non-fraud grounds • 2 years after will admitted to probate

  8. Statute of Limitations -- § 93 • 2. Forgery or fraud grounds • 2 years after discovery

  9. Statute of Limitations -- § 93 • 3. Tolling • Incompetent • Minors

  10. Temporary Administration -- § 132 • Court may appoint temporary administrator to handle estate while will contest is pending.

  11. Practice Tip • Should you contest will before or after its admission to probate? Why?

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