The death of a loved one can bring emotional and financial complexities. When it comes to distributing the deceased’s assets, a will typically serves as the guiding legal document. However, in Wisconsin, a will can be contested after death under specific circumstances.
To make sure that your legacy is secure, your wishes are honored, and your loved ones are spared unnecessary disputes, you should seek legal assistance from a seasoned Wisconsin attorney with deep knowledge and experience in estate planning law.
Legal Grounds for Contesting a Will in Wisconsin
Contesting a will is not a matter to be taken lightly. The burden of proof lies with the person challenging the document. In Wisconsin, common legal grounds for contesting a will include:
Lack of Testamentary Capacity
The person creating the will (the testator) must have been of sound mind at the time the will was executed. This means they understood:
- The extent and value of their assets.
- The natural beneficiaries of their estate (such as family members).
- The implications of signing the will.
If evidence suggests that the testator was suffering from a condition such as dementia or was under the influence of substances that impaired their judgment, the will may be invalidated.
Undue Influence
If a third party exerted undue pressure on the testator to create or modify the will in a way that benefits them unfairly, this can be grounds for contestation. Proving undue influence requires demonstrating that the testator’s free will was overridden.
Fraud or Forgery
If the will was created or signed based on deceit or if the testator's signature was forged, the document is not valid. Examples include the testator being misled about what they were signing.
Failure to Meet Legal Formalities
Under Wisconsin law, a will must:
- Be in writing.
- Be signed by the testator.
- Be witnessed by at least two disinterested individuals.
Failure to meet these requirements can result in the will being declared invalid.
Revocation
If a newer will exists or if the testator explicitly revoked the will in question, the document may no longer be enforceable.
Who Can Contest a Will in Wisconsin?
Only individuals with "standing" can contest a will. This typically includes:
- Beneficiaries named in the will.
- Legal heirs who would inherit under Wisconsin’s intestacy laws if no will existed.
For instance, a child omitted from the will or a previous beneficiary whose inheritance was significantly reduced may have grounds to contest.
The Process of Contesting a Will in Wisconsin
Contesting a will involves multiple legal steps, often requiring the assistance of experienced estate litigation attorneys:
Filing a Petition
A petition must be filed with the probate court in the county where the deceased resided. This initiates the contestation process.
Providing Evidence
The person contesting the will must provide evidence supporting their claim, such as medical records, witness testimonies, or documents showing undue influence or fraud.
Court Proceedings
The court will evaluate the evidence and determine whether the will is valid. This may involve:
- Depositions from witnesses.
- Expert testimony regarding the testator’s mental capacity or handwriting.
Probate Judge’s Decision
The judge will issue a ruling on whether the will is valid, partially valid, or invalid. If invalid, the estate may be distributed according to Wisconsin’s intestacy laws or a prior valid will.
Implications of Contesting a Will
Time Limits for Contesting a Will
In Wisconsin, there are strict deadlines for contesting a will. Generally, the contest must be filed within six months of the will’s admission to probate. Thus, it is vital to act promptly.
No-Contest Clauses
Some wills include no-contest clauses, which disinherit beneficiaries who challenge the will. Wisconsin courts enforce these clauses unless the contesting party can prove their claim had probable cause.
Cost and Complexity
Will contests can be time-consuming, and the legal costs can be high. Litigants must weigh the potential benefits against the financial and emotional costs.
Experienced Wisconsin estate planning attorneys will take every precaution to ensure your entire will is valid, avoiding disputes that could arise over an earlier will, prior will, or previous will during the probate process. By documenting your mental ability at the time of drafting, they strengthen your will against challenges, ensuring the deceased person's estate is distributed according to your wishes without unnecessary legal proceedings.
How Our Wisconsin Estate Planning Attorneys Ensure Your Will Withstands Potential Contests
Drafting a Legally Sound and Comprehensive Will
At Krause Estate Planning & Elder Law Center, our attorneys ensure your will complies with all Wisconsin laws, minimizing the risk of technical challenges. We create comprehensive documents that clearly outline your wishes, reducing ambiguity that could lead to disputes.
Including a "No-Contest Clause"
We recommend incorporating a no-contest clause, which discourages beneficiaries from challenging your will by threatening to disinherit them if the contest is unsuccessful. While not foolproof, this clause can deter frivolous claims.
Ensuring Testamentary Capacity and Avoiding Undue Influence
We document evidence of your mental capacity and independence at the time of drafting the will. This includes arranging for witnesses and, when necessary, medical or psychological evaluations to substantiate your sound decision-making.
Regular Will Updates
Life events such as marriages, divorces, births, or deaths can impact your estate plan. Our attorneys help you regularly review and update your will, ensuring it reflects your current wishes and circumstances.
Proper Execution of the Will
We ensure your will is executed with the necessary formalities, such as having at least two witnesses who are not interested parties and adhering to Wisconsin’s statutory requirements. Proper execution significantly reduces the chances of a contested will.
Utilizing Trusts and Other Estate Planning Instruments
To bolster the legal standing of your estate, we help you incorporate trusts, such as revocable living trusts or irrevocable trusts, into your estate plan. Trusts can transfer assets outside probate, making it more difficult for someone to contest your wishes.
Transparent Communication with Beneficiaries
Our attorneys will help you communicate your intentions to beneficiaries during your lifetime. By fostering transparency, we can help minimize misunderstandings and reduce the likelihood of conflicts after your passing.
Legal Guidance from Our Board-Certified Specialist
As one of only seven *Board-Certified Estate Planning Law Specialists in Wisconsin, Dan Krause and our team at Krause Estate Planning & Elder Law Center are equipped with the skills to design airtight estate plans. We focus on creating plans that address potential vulnerabilities and withstand scrutiny.
Protect Your Legacy with Our Dedicated Wisconsin Estate Planning Attorneys
While contesting a will in Wisconsin is possible, it requires meeting specific legal criteria and adhering to strict procedures. Whether you are considering contesting a will or defending one, working with our knowledgeable attorneys at Krause Estate Planning & Elder Law Center can make all the difference.
Contact us today, and let us guide you through this process with professional skill and compassion. To schedule a consultation to see what we can do for you, call us at 608-268-5751 / 414-285-1082 or contact us online.
* by the Estate Law Specialist Board, Inc.