The loss of a loved one is difficult enough without the added stress of disputes over their final wishes. In Tennessee, most wills go through probate without controversy, but sometimes questions arise about whether the document truly reflects the deceased person’s intentions. Contesting a will is a serious legal matter that can impact families, inheritances, and relationships for years to come.
When Can a Will Be Contested?
Not every will can be challenged, and not every family disagreement justifies legal action. In Tennessee, valid grounds to contest a will generally include:
- Lack of Capacity: Arguing the person did not have the mental ability to understand what they were signing.
- Undue Influence: Claiming the will was the result of pressure or manipulation by someone who stood to benefit.
- Improper Execution: Challenging whether the will was signed and witnessed in accordance with Tennessee law.
- Fraud or Forgery: Alleging the will itself, or certain provisions, were falsified.
Who Can Contest a Will?
Only individuals with “standing” may contest a will. This usually means heirs at law (those who would inherit if no will existed) or beneficiaries named in a prior version of the will. Friends, neighbors, or distant relatives without a financial interest usually cannot bring a challenge.
The Process of Contesting a Will
A will contest is filed in probate court, typically when the will is first presented for probate. The process can include discovery, depositions, and ultimately, a trial where evidence is presented. Contesting a will is not just an emotional decision it requires legal strategy, expert witnesses (such as doctors or handwriting analysts), and a careful understanding of Tennessee probate law.
Risks of a Will Contest
Contesting a will can strain family relationships and delay the distribution of assets. It can also be expensive. However, when real concerns exist about fraud, undue influence, or lack of capacity, taking action may be necessary to protect the integrity of the estate and ensure a fair outcome.
How Champagne Law Firm Can Help
At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we represent families in will contests across East and Middle Tennessee. Our attorneys understand the sensitive nature of these disputes and the need for both compassion and strong advocacy. We work to investigate the facts, gather the right evidence, and fight for your rights in probate court.
Taking the Next Step
If you believe a loved one’s will is invalid, do not wait to seek legal advice. The timelines for contesting a will are strict, and missing deadlines can prevent you from ever raising your claim.
Call Champagne Law Firm at 865-228-8080 or contact us online to schedule a consultation about contesting a will in Tennessee.
