Contesting A Will: When Inheritance Disputes Arise

If you believe a will is invalid or its creation involved wrongdoing, you may have grounds to contest it. If you are a personal representative, you may be faced with defending a will contest. At Reiter Law Firm, PLLC, our attorneys have over two decades of experience in estate litigation. We understand the sensitive nature of will contests and provide compassionate and strategic legal representation to help clients uphold the true wishes of their loved ones.

Understanding The Grounds For A Will Contest

A will contest is a legal challenge to the validity of a will. Several factors can render a will invalid, including:

• Lack of testamentary capacity: The testator (the person making the will) must be of sound mind and understand the nature of their actions when creating the will. The will may be invalid if they lacked the mental capacity to comprehend the extent of their property or the beneficiaries they were naming.
• Undue influence: Undue influence occurs when someone exerts excessive pressure or manipulation over the testator, coercing them into creating or changing a will to benefit the influencer. This often happens when a caregiver or family member pressures a vulnerable individual.
• Fraud: If a will is created or altered based on false information or misrepresentations, it may be challenged on the grounds of fraud. This could involve someone deceiving the testator about the will’s contents or the beneficiaries’ identity.
• Forgery: A forged will is simply not a valid legal document. If someone creates a fake will or alters an existing one without the testator’s knowledge, it can be contested.

Contesting a will in South Dakota involves a specific legal process with strict deadlines and procedural requirements. We guide our clients through each step, from gathering evidence and filing the necessary court documents to representing them in hearings, trial, and negotiations. If you are defending a will contest, we have the experience to guide you through that legal dispute.

Common Questions About Will Contests

Challenging or defending your loved one’s estate plan can be difficult, often filled with uncertainty and legal complexities. To help guide you, we have addressed some of the most common questions about will contests below.

What are the steps to contest a will in South Dakota?

The process generally involves:

• Identifying the grounds for the contest (lack of capacity, undue influence, fraud, etc.)
• Gathering evidence to support your claim or defense
• Filing a petition or responding to a petition with the appropriate court within the specified timeframe
• Participating in discovery and potential court hearings
• Negotiating a settlement or proceeding to trial

One of the most critical parts of the process is talking to a skilled attorney who understands the process. Our team can give you the guidance you need as you face this challenging situation.

What is undue influence in a will?

Undue influence involves someone using their position of power or trust to pressure the testator into making changes to their will that benefit the influencer. This can be challenging to prove but often involves evidence of manipulation, coercion or exploitation.

What are the grounds for contesting a will in South Dakota?

In addition to the grounds mentioned above (lack of capacity, undue influence, fraud, forgery), a will may also be contested in South Dakota if it is not properly executed according to state law. This includes requirements for witnesses and signatures.

What are some common signs of undue influence?

While proving undue influence can be complex, some common signs include:

• A sudden and significant change in the testator’s will or estate plan
• Isolation of the testator from family and friends
• The beneficiary’s involvement in the will’s preparation or execution
• The testator’s vulnerability due to age or illness

If you suspect undue influence or if you need to defend a will contest, it is essential to consult with an experienced estate litigation attorney to discuss your legal options.

Resolve Inheritance Disputes Fairly

Will contests are often emotionally charged and legally complex. Our attorneys at Reiter Law Firm, PLLC, in Sioux Falls are dedicated to protecting your rights and ensuring that the true wishes of your loved one are honored. Call us at 605-800-8825 or contact us online. We will provide the guidance and support you need during this challenging time.