Minnesota Probate Law: Contesting a Will in Minnesota
It’s not uncommon for one or more family members of a recently deceased person to express dissatisfaction with their share of the estate. They may not be happy with the inheritance provided in a will. However, simply saying the decedent’s Last Will and Testament gave them an unfair amount is not a legally sufficient reason to challenge the will. Minnesota law establishes specific grounds upon which an interested party may challenge the validity of a will or other estate planning document.
Who Has Standing to Contest a Will?
The short answer is: only a few people. Those who have standing to challenge a will include those who were named in the current or previous will, along with any heir who would have received an inheritance in the absence of a will. Generally, one must file the challenge to a will no later than one year after the decedent’s death.
Grounds to Contest a Will
Some of the most common grounds to challenge a will include (but are not limited to):
Undue influence. This often happens when a particular friend or family member exploits the testator (now decedent) while or she is in the estate planning process. That exploitation may show up in a new will that favors the person who took advantage of the decedent. To successfully challenge a will for undue influence, among other things, a person must show any influence was undue, and not just advice, and that the influence benefitted the person taking advantage of the decedent.
Lack of testamentary capacity. The estate planner must have the mental wherewithal to understand what he or she is doing while making a will. Essentially, the testator (person signing a will) must be aware of the consequences of making the will. This often comes into play when the testator has dementia, Alzheimer’s disease, or other conditions that cause mental impairment.
The Will was not created in accordance with state law. There are a handful of formalities that must be satisfied when a testator is making a will. For example, the testator (now decedent) must sign the will in front of two witnesses. Outside of the legal requirements, a will could have clerical errors, missing pages, or an original that is lost. These issues might lead to a challenge as to the validity of a will.
Call an Experienced Estate Planning Attorney
Grabitske Law understands exactly what can happen if there are disputes over a decedent’s Will. In addition to efficiently litigating (and defending against) these types of legal challenges, we can also help you draft an estate plan that is sure to avoid this altogether. To get things started with us, simply reach out through our website. We look forward to hearing from you!