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What to Do if I Have Been Wrongfully Disinherited

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It is quite devastating to discover you have been disinherited, especially if you believed you had a strong claim to a loved one’s estate. While a testator generally has the right to distribute their assets as they see fit, there are specific circumstances under which a disinheritance can be challenged as wrongful. If you find yourself in this difficult position, understanding what to do if you have been wrongfully disinherited makes a lot of difference in your life.

Seeking legal help for wrongful disinheritance claims is essential. An experienced attorney will assess the specifics of your situation and advise you on the likelihood of a successful challenge.

What to Do if I Have Been Wrongfully Disinherited 1

Are You Wrongfully Disinherited?

A disinheritance is not automatically wrongful simply because you disagree with it. To be considered wrongful, there must be evidence that the will does not truly reflect the testator’s intentions or that the testator lacked the legal capacity to make the will. Common grounds for challenging a will include:

  • Undue Influence: This occurs when a person exerts improper pressure or manipulation over the testator, causing them to create or change a will in a way they otherwise wouldn’t have. This often involves a person in a position of power or trust over the vulnerable testator, isolating them and making decisions on their behalf.
  • Lack of Testamentary Capacity: The testator must have been of sound mind when they executed the will. This means they understood they were signing a will, the nature and extent of their property, and who their beneficiaries were. Illnesses like dementia or Alzheimer’s can sometimes impair testamentary capacity.
  • Fraud: This involves deceit or misrepresentation that leads the testator to sign a will they wouldn’t have otherwise. Examples include forging a signature or misrepresenting the contents of the will.
  • Improper Execution: A will must adhere to specific legal formalities to be valid. This typically includes being in writing, signed by the testator, and witnessed by a certain number of individuals. Failure to meet these requirements can render a will invalid.

Gathering Evidence

If you believe you have been wrongfully disinherited, the first step is to gather as much evidence as possible. This is a challenging process, as much of the relevant information might be held by the executor or other parties. Evidence includes:

  • Copies of Previous Wills: If earlier wills named you as a beneficiary, these can be powerful evidence that the testator’s intentions changed unexpectedly.
  • Medical Records: If you suspect a lack of testamentary capacity, medical records can provide insight into the testator’s mental state around the time the will was executed.
  • Communication Records: Emails, letters, texts, or even witness statements that shed light on the testator’s relationship with you, their intentions, or any suspicious interactions with the alleged wrongdoer.
  • Financial Records: Discrepancies in financial accounts or unusual transfers of assets around the time the will was changed could indicate undue influence or fraud.
  • Witness Testimony: Individuals who had regular contact with the testator, such as family members, friends, caregivers, or even medical professionals, might be able to provide valuable insights into their mental state or the circumstances surrounding the will’s creation.

Legal Steps to Take

Once you have gathered preliminary evidence, you should consult with an estate litigation attorney. They can help you:

  • File a Caveat or Objection: This is a formal legal notice that prevents the probate of the will until your concerns are addressed. It essentially puts the court on notice that you intend to challenge the will.
  • Initiate a Will Contest Lawsuit: If negotiations or informal attempts to resolve the issue fail, your attorney will help you file a formal lawsuit to contest the will. This involves presenting your evidence to the court and arguing why the will should be deemed invalid.
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