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What Makes a Will Vulnerable to a Contest (And How to Draft Around It)

Most successful will contests aren't about what the will says — they're about how it was executed or who was involved in drafting it.

6 min read

Most will contests aren't fights over whether the terms are fair — they're challenges to whether the will is even valid in the first place. Understanding what actually makes a will vulnerable helps explain why the drafting and execution process matters as much as the content.

Lack of testamentary capacity

A challenger may argue the person didn't understand what they were signing, the extent of their property, or who their natural heirs were at the time of signing. Documentation around the signing — and avoiding execution during periods of clear medical vulnerability — helps guard against this claim.

Undue influence

When a will unexpectedly favors someone who was closely involved in arranging it — particularly a new caregiver or a relationship that changed shortly before signing — courts scrutinize whether that person exerted improper pressure. Independent legal counsel, not someone connected to the favored beneficiary, is one of the clearest ways to guard against this.

Improper execution

Missing witnesses, witnesses who are also beneficiaries (which some states restrict), or a will that wasn't self-proved can all open the door to a contest — regardless of whether the testator's intent was clear. This is one of the most preventable and most common grounds for a challenge.

Reducing vulnerability starts with the drafting process

A will drafted with proper execution formalities, clear language, and — where family dynamics are complicated — a documented record of capacity and independent intent, is significantly harder to successfully contest than one assembled quickly from a generic template.

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