If you believe you have been unjustly left out of a will or not properly provided for, and can prove so, you may be able to recover what you believe you were entitled to.

In this article, we’ll look at four main ways in which you can legally challenge or contest a will.

In particular, there are 4 main ways to challenge the validity of a will, including: (1) the testator was not of "sound mind," (2) the testator lacked intent, (3) another person placed undue influence on the testator, and (4) the will was a product of fraud or forgery.

Let’s look at these in a little more detail.

Next, let’s take a look at how to show the testator was not of sound mind.

The first main way to challenge or contest a will is to show that testator was not of sound mind. The testator refers to the individual who made the will and has since died.

Sound mind is determined by a totality of the circumstances standard based on factors such as whether the testator:

For example, if the testator made an unnatural distribution of property, like disinheriting his or her children, then a court may be more willing to say that the testator was not of sound mind. That is why if a testator wants to make an unnatural distribution of property, the testator must clearly articulate and document it.

Next, we’ll take a look at how to show lack of intent on part of the testator.

The second main way to challenge the validity of a will is to show that the testator lacked intent to make the will.

Intent is determined at the moment the will is signed by the testator. In other words, the testator could be deemed "insane" before and/or after signing the will and the will could still be valid. The bottom line is that intent must be very clearly written out in the will.

Here, it is clear what is being devised to Larry – the 1967 red corvette, VIN #7831123452. However, what happens if the 1967 red corvette is not there when Tom dies. Maybe Tom sold the red corvette. If the red corvette is not there when Tom dies, other legal rules would apply. (This is why it is generally advisable to have an attorney draft up your will to cover situations you might never think about).

To further illustrate how clear donative intent must be, let’s look at some examples that do not constitute adequate donative intent.

"Give Bill $1,000." This is not intended to be a will, because it is too ambiguous. The $1,000 could be for anything, including a debt owed to Bill.

"I think I’ll give Charles my new sports car." This is not definitive enough.

"Please make a will that gives Debra my vacation home." This is not a will, but merely a letter.

As you can see, it is very important to be clear in drafting your will. Otherwise, a court may determine that your intent was not clear.

Next, let’s look at the third main way to challenge the validity of a will.

The third main way to challenge the validity of a will occurs when another person places undue influence on the testator.

Undue influence occurs when a third person forces the testator to make a disposition that the testator did not want to make or was deceived into making.

Factors that tend to show undue influence include:

For example, undue influence could occur if a neighbor began going over to the testator’s house shortly before the testator died to "talk" with the testator. Then, just before the testator’s death, the testator changed his or her will to devise some property to the neighbor – who otherwise would have received nothing from the testator.

The bottom line is that the will the testator creates must be the product of his or her free choice. If it can be shown that the testator was unduly influenced in making the will, a court may determine the will (or a particular devise in the will) to be invalid.

Next, let’s take a look at the fourth main way to challenge a will.

The fourth main way to challenge a will is to show that the will was a product of fraud or forgery.

Fraud and forgery are very difficult to prove because innocent or negligent mistakes (even if absolutely wrong) are not enough. There must be intent to commit the fraud or forgery.

The two main forms of fraud include (i) fraud in the execution and (ii) fraud in the inducement. Under fraud in the execution, a fraudulent person has the testator sign a will that has been fraudulently created without the testator’s knowledge. Under fraud in the inducement, a fraudulent person misleads the testator with the intent to deceive him or her in order to change to the will.

On the other hand, forgery is signing the will of the testator without his or her consent.

If you can prove fraud or forgery, courts will generally invalidate the whole will.

Finally, let’s wrap up this article with some main points to consider and mention some times when you may want to avoid using a will.

In this article, we took a look at how to legally challenge or contest a will. In particular, we explored the following four main ways to challenge a will: (1) the testator was not of "sound mind," (2) the testator lacked intent, (3) another person placed undue influence on the testator, and (4) the will was a product of fraud or forgery.

Now, you should have a better understanding about how to challenge a potentially invalid (or partially invalid) will. This article should also help you to show you need to be clear in drafting your will. Otherwise, your will may not be worth the paper it’s written on.

Finally, there are ways to devise (i.e. transfer) assets to others without using a will. In fact, many times it is advisable to not use a will and to instead use a will substitute such as a trust. Take a look at the related articles below to learn more about will substitutes and trusts.