Full question:
My uncle was unmarried, and lived alone. I was his most beloved nephew. I used to spend holidays with him, and he often took me to his ranch. He has told several times that he’ll be leaving his favorite horse, Philly, to me. He also knew of my love of cars and told me on several occasions that he would leave me his BMW. In fact he told me this in front of some other family members. My uncle was mostly confined to the bed following an accident for a few months, and was looked after by a care taker until his death. Now, I’ve learnt that my uncle has left BMW and Philly to the care taker. His will has a clause pointing to forfeiture upon contesting. Can I contest my uncle’s will?
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: National
Answer:
Contesting a will can be challenging, as courts typically honor the testator's wishes. Most states, except Indiana and Florida, allow no contest clauses in wills. However, even in states that permit such clauses, there are limitations. If a court finds probable cause or good faith in your challenge, it may deem the no contest clause unenforceable. Common grounds for contesting a will include undue influence or lack of testamentary capacity.
If your uncle resided in Florida or Indiana, you may contest the will despite the no contest clause, as it is not enforceable in those states. In most other states, you can contest the will if you have probable cause or act in good faith. Therefore, your ability to challenge the will will depend on the laws of the state where your uncle resided.
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.