Can someone leave their spouse out of their will?

Q: Can a spouse contest a will in which they are disinherited?

Yes, a spouse can contest a will if they are disinherited. They may argue that the will was created under undue influence or that the testator lacked the mental capacity to make such decisions. Each state has specific laws regarding spousal rights, so it's important to consult local statutes for guidance.

Q: How long do you have to contest a will?

The time limit to contest a will varies by state, typically ranging from a few months to a year after the will is admitted to probate. It's crucial to check your state's laws for specific deadlines, as missing the time frame can bar any contest. Consulting with an attorney can provide clarity on the applicable timelines.

Full question:

Sue was married to Joe for over 20 years before becoming injured in an accident. As a result of this accident, she suffered from mental problems that caused her to act out. Out of concern for her well being, she went to stay with her family out of state. After staying with her family for several days, she made a will leaving everything to them and nothing to Joe. Joe made repeated attmepts to visit but her family would not let him see her. Sue died several months later. Can Joe contest Sue's Will? On what grounds?

Category: Wills and Estates
Date: 04/07/2025
State: Alabama

Answer:

Yes, Joe may contest Sue's will based on Undue Influence. Undue Influence occurs when a person exerts control over the wishes and goals of another.

Generally, you must prove:

1. the existence and exertion of an influence;

2. the effective operation of such influence so as to subvert or overpower the mind of the testator at the time of the execution of the testament; and

3. the execution of a testament which the testator thereof would not have executed but for such influence.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is undue influence in contesting a will?

Undue influence occurs when one person exerts excessive pressure on another, affecting their ability to make independent decisions. In the context of contesting a will, it means that the person making the will was manipulated or coerced into making choices they wouldn't have made otherwise. To prove undue influence, the challenger must show that the influencer had a significant impact on the testator's decision-making process.

Can a spouse contest a will in which they are disinherited?

What are the grounds for contesting a will?

Common grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, or improper execution. Lack of capacity means the testator did not understand the nature of making a will. Undue influence involves coercion, while fraud refers to deceit that affects the testator's decisions. Improper execution means the will wasn't signed or witnessed according to state laws.

How long do you have to contest a will?

What evidence is needed to prove undue influence?

To prove undue influence, evidence may include testimony from witnesses, medical records indicating the testator's mental state, and documentation showing the influencer's control over the testator's decisions. Additionally, patterns of behavior that demonstrate manipulation or coercion can support the claim. Each case is unique, so legal advice is essential.