The Law Offices of Scott Alan Morrison, P.A.
Please Call For An Appointment

4 reasons to contest a will

If your loved one left behind a last will and testament, that document will likely act as the touchstone for the handling of the deceased's estate. This document likely discloses instructions on the distribution of assets, guardians for minor children and other pertinent information. However, you may find yourself wondering about the validity of the will, and if strong reasons exist for this concern, you may wish to consider contesting the document.

Multiple reasons could give cause for the contesting of a will. Among those reasons are:

  • Undue influence: In cases of undue influence, an individual may have faced coercion, intimidation or other actions that caused him or her to feel the need to change his or her will. Elderly individuals, disabled parties or other people in vulnerable positions may prove particularly susceptible to such influence. As a result, a will may not reflect the true intentions of the creator.
  • Outdated will: Many individuals wisely update their wills to keep up with changes throughout life that may need addressing in the document. However, earlier drafts of the document should lose validity as the updated document takes the place of older versions. If an updated will exists and an individual attempts to use an older version due to more favorable details or other reasons, you may have reason to contest the use of that will.
  • Lack of testamentary capacity: Though the phrase may seem intimidating, testamentary capacity essentially represents an individual's ability to make the decisions necessary to create a valid will. Adults who have lost mental capacity due to dementia, Alzheimer's disease or other mental afflictions are often considered not to have the mental ability to make sound decisions. If you feel that a will was drafted while an individual was mentally unstable due to such illness or possibly due to being under the influence of drugs or alcohol, you may have the ability to argue against the validity of the will.
  • Lack of qualifications: Within each state, certain laws exist that detail the qualifications a valid will must meet. If a will does not meet the necessary qualifications, the court will likely not consider it valid.

If you believe that your loved one's estate is not being properly handled due to the use of an invalid will, you may wish to consider your options for addressing your concerns. In many cases, filing a dispute with the court in order to contest the will allows you to present your arguments as to why the will may be invalid.

If you are concerned about the legal process that such an endeavor entails, you may wish to seek assistance from experienced Maryland attorneys.

No Comments

Leave a comment
Comment Information
  • Best Of The Best The Frederick News Post
  • Bar Association Of Frederick County, Maryland
  • NAELA National Academy Of Elder Law Attorneys, Inc.
  • Maryland State Bar Association Inc.
  • Washington County Bar Association , DC Bar
  • Law Offices of Scott Alan Morrison is a BBB Accredited Lawyer in Frederick, MD
Form Submit Button

Schedule Your Free Consultation Today

For more information and a free consultation with a Maryland estate planning attorney, call us at 301-694-6262 or fill out the form below. We provide clients with the estate services they need.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

We have offices in Frederick and Maryland, to serve you.

Evening, weekend and off-site appointments are available upon request. Free parking is available at our Frederick office.

Our office will follow the same closing & delays as Frederick County Public Schools for both offices due to inclement weather.

The Law Offices of Scott Alan Morrison, P.A.
141 W Patrick Street
Suite 300
Frederick, MD 21701

Toll Free: 866-220-5185
Phone: 301-694-6262
Fax: 301-668-8884
Map & Directions
Frederick Law Office Map

Contact This Office Contact This Office