- will contest
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will contest n: a dispute or proceeding (as a trial) begun by one who objects to probate of a will on the ground that it is invalid see also no contest clause◇ The party who contests the will has the burden of proof, and the personal representative of the estate must defend it. Will contests must be brought within a time period prescribed by statute, and in some states are heard by a jury.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- will contest
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A lawsuit challenging the validity of a will or some of its terms after the person who made the will has died. Will contests are quite rare. There are just a few legal grounds for challenging a will. The most common are undue influence by someone close to the deceased person, the deceased person's lack of capacity (understanding) when the will was signed, improper execution (signing and witnessing) of the will, or fraud (forgery, for example). (See also: no-contest clause)Category: Wills, Trusts & Estates → Estates, Executors & Probate CourtCategory: Wills, Trusts & Estates → Wills
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
- will contest
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n.a lawsuit challenging the validity of a will and/or its terms. Bases for contesting a will include the competency of the maker of the will (testator) at the time the will was signed, the "undue influence" of someone who used pressure to force the testator to give him/her substantial gifts in the will, the existence of another will or trust, challenging illegal terms or technical faults in the execution of the will, such as not having been validly witnessed. A trial of the will contest must be held before the will can be probated, since if the will is invalid, it cannot be probated.
Law dictionary. EdwART. 2013.
