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To initiate a Will contest in Indiana you must have “standing.” The term “standing” in legal terms means the right to initiate or join a legal action, in this case, challenging a Will. Indiana law allows any “interested person” to contest a Will. An “interested” person includes beneficiaries under the Will submitted for probate, legal heirs of the estate under the Indiana intestate succession rules, beneficiaries under a previous Will executed by the Testator, and possibly creditors of the estate.
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Yes. If you are contemplating a Will contest, you should consult with an attorney as soon as possible because Indiana law only allows three months from the date the Order is entered admitting the Will for probate to file a formal challenge to the validity of the Will.
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Yes. As a general rule, a Testator can dispose of his/her property anyway he/she sees fit. Unless you are the Testator’s spouse, you have no legal right to receive anything from the estate if the Testator executed a valid Will disposing of all estate assets. In other words, being unhappy with the terms of a Will does not provide the legal justification needed to contest the Will. Instead, you must allege one of the available legal grounds on which a Will can be invalidated in Indiana, including lack of testamentary capacity, undue influence, duress, fraud, and improper execution. If you are the Testator’s spouse, you have a legal right to “take against the Will” which does not require you to contest the Will.
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Alleging lack of testamentary capacity effectively claims that the Testator did not have the requisite mental capacity at the time the Will was executed. To successfully contest a Will based on lack of testamentary capacity you will need to prove that the Testator lacked one of the elements required to have testamentary capacity. Those elements are:
- The Testator understood the extent and value of his or her property.
- The Testator knew the names of the persons who, under normal circumstances, would inherit from the estate. These are the Testator’s legal heirs.
- The Testator understood what his/her natural heirs might deserve given their treatment of the Testator.
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Undue influence is typically based on an imbalance of power between the Testator and the “influencer.” To succeed in a claim of undue influence you will need to prove that the Testator made decisions in his/her Will that would not have been made but for the influence of the “influencer.” For example, if your mother had a caregiver in her final months who intentionally isolated your mother, provided round the clock care, and discouraged interaction with the outside world you might be able to win on an undue influence argument if your mother dramatically changed her Will in favor of the caregiver right before her death.
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A “no-contest clause” is a provision in a Will that results in a beneficiary forfeiting any gifts made in a decedent’s Will if the beneficiary challenges the validity of the Will. In other words, if a Will includes a no-contest clause and the provisions of a Will entitled you to a $100,000 gift, you give up that inheritance if you challenge the Will. Indiana law does allow for the enforcement of a no-contest clause but there is a “good cause” exemption. This means that the no-contest clause will not be enforced if you can convince the court that you had good cause to challenge the validity of the Will.
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Contact Us
If you have additional questions, contact an experienced Indianapolis, Indiana elder law attorney at Frank & Kraft. by calling (317) 684-1100 to schedule your appointment today.
