Losing someone you love is hard. Discovering that their will doesn’t seem to reflect what they actually wanted makes everything harder. If you are considering contesting a will, it helps to understand the bigger picture of how wills and estate plans work in Minnesota before you decide on your next move.
At the Shakopee law firm of Jaspers, Moriarty & Wetherille, P.A., our skilled estate planning and will contest attorneys work with families throughout Scott County. If you wonder if you can or should challenge a loved one’s will, talk to us to learn about your options.
Who Can Contest a Will?
You might feel strongly that something is wrong with a loved one’s will, but feeling strongly isn’t the same as having legal standing to challenge it.
In Minnesota, the people who may contest a will are generally limited to those who have a direct financial stake in the outcome. That typically means someone named in the current will, someone who was named in a prior version of the will, or an heir who would have inherited under Minnesota’s intestacy laws if no will existed at all. If you don’t fall into one of those categories, the probate court may not allow you to challenge the will.
A Will Being “Unfair” Is Not Enough
A will contest cannot be based simply on the fact that someone feels the distribution was unjust. “My mother would never have left everything to one sibling.” “Dad always told us we’d each get an equal share.” Those feelings are real and they matter, but Minnesota law requires more than disappointment or a sense of unfairness to justify a will contest.
The courts start from a position that a properly signed will reflects the genuine wishes of the person who made it. Unless there are grounds (evidence or legal authority) to contest a will, the court will not allow the claim or lawsuit. There are a few types of grounds that are recognized in Minnesota.
The Legal Reasons You Can Challenge a Will in Minnesota
Lack of Testamentary Capacity. The person making the will, called the testator, must have been of sound mind (capacity) at the time they signed it. That means they needed to understand what property they owned, who their natural heirs were, and what it meant to create a will. If the testator was suffering from dementia, a serious mental illness, or was otherwise incapacitated at the time of signing, the will may be vulnerable to challenge. Medical records, caregiver testimony, and physician notes are often needed to provide evidence of a lack of testamentatry capacity.
Undue Influence. Undue influence occurs when someone in a position of trust – a caregiver, a family member, a new romantic partner – uses pressure or manipulation to steer the testator into signing a will that doesn’t reflect their true wishes. Courts take these allegations seriously. The challenge is proving it. Undue influence tends to happen behind closed doors, and building a case often requires piecing together patterns of behavior, changes in relationships, and shifts in the testator’s social environment over time.
Fraud or Forgery. If a will was forged, or if the testator was tricked into signing a document they didn’t understand to be a will, that’s fraud. Minnesota courts could declare a fraudulent or forged will null and void. These cases can involve handwriting analysis, witness testimony, and a close look at the circumstances surrounding the will’s execution.
Improper Execution. Minnesota law sets specific requirements for how a will must be created. It must be in writing, signed by the testator, and witnessed by at least two individuals who observed the signing. If those formalities weren’t followed, the will may be challenged on technical grounds. This sounds straightforward, but real-world situations sometimes involve missing pages, clerical errors, or questions about whether the witnesses were actually present in the way the law requires.
Deadlines for Contesting Wills
Minnesota law places limits on when a will contest can be filed. Generally speaking, a challenge to a will must be brought within a certain period after the decedent’s death, and once probate is closed, contesting a will becomes significantly more difficult and is often not possible except under very limited circumstances.
We encourage clients to reach out as early as possible if they have concerns. Waiting to see how things unfold is one of the most common mistakes we see. By the time some families contact us, the window for action has narrowed considerably or closed altogether.
Risks With Contesting Wills
A will contest isn’t without risk. Some wills contain what’s called a “no-contest” or “in terrorem” clause. These clauses state that if you’re named as a beneficiary and you challenge the will, you lose whatever inheritance you were previously entitled to.
Contesting a will often creates family rifts that can outlast the legal proceedings themselves. Relationships can be permanently damaged. That doesn’t mean a challenge is never the right call, especially when the stakes are high or when relationships are already strained. But it’s something we always talk through honestly with our clients before they decide how to proceed.
And there’s the practical reality of cost. Is it worth the time and effort to contest the will when stacked up against what the person contesting the will can gain. Legal fees, court costs, deposition expenses, and the cost of gathering evidence add up. A realistic assessment of what a contest might recover versus what it might cost is part of any responsible conversation about whether to move forward.
Mediation as an Alternative
Mediation can sometimes offer a faster, less expensive, and less adversarial path to resolution. Mediating a dispute doesn’t work in every situation, but for families where the relationships still have some value to preserve, it’s worth exploring before committing to a courtroom battle.
Contact a Minnesota Attorney To Learn More
At Jaspers, Moriarty & Wetherille, P.A., our lawyers work with families in Shakopee, Scott County, and in the surrounding Minnesota communities who are navigating difficult estate and probate situations. If something about a loved one’s will doesn’t feel right, we’re here to help you understand your options. Contact us to schedule a consultation, and we’ll take a careful look at your situation together.