Get to Know Oklahoma Law for Contesting a Will
In Oklahoma, will contests occur when one party submits a will to probate. In essence, the person submitting the will is asking the court to honor the wishes and bequests outlined in that document. The contestant is asking the court to deem that will to be invalid. There are varying reasons that a will may be contested, but the mechanism for contesting a will in Oklahoma begins with a petition.
Petitioning the Court in a Will Contest
The process typically begins with the filing of a petition with the appropriate court in Oklahoma. The petition should specify the grounds for contesting the will and provide any relevant evidence or documentation to support your claim. A petition for a will contest may also proffer another will to the court, asking that this will be probated instead of the one originally offered.
After the petition is filed, notice must be given to all interested parties, including beneficiaries named in the will, heirs at law, and any other individuals or entities with a legal interest in the estate. This allows them the opportunity to respond to the petition and participate in the proceedings.
Grounds for a Will Contest
To contest a will in Oklahoma, you must have legal grounds to do so. Common grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, forgery, and failure to comply with legal formalities required for a valid will. Each of these grounds is detailed below.
Lack of Testamentary Capacity: A will may be contested if the person making the will (testator) did not have the mental capacity to understand the nature and extent of their property, the consequences of their actions, the natural objects of their bounty (e.g., family members), and the disposition they were making in their will at the time of its execution. Lack of testamentary capacity may result from mental illness, dementia, senility, or other cognitive impairments. Hospital bed wills may be common, but they leave the will open to contest.
Undue Influence: A will may be contested if it is believed that the testator was unduly influenced or coerced by another person to make certain provisions in the will that they would not have made otherwise. Undue influence occurs when someone exerts pressure or manipulates the testator to the extent that their free will and judgment are overpowered. This can occur when a caretaker or family member exerts influence over the decedent to include them in the will or to increase the bequest to them to the detriment of others who may have benefited from the will without the exertion of undue influence.
Fraud: A will may be contested if it is believed that the testator was deceived or misled into making certain provisions in the will as a result of fraudulent conduct. Fraudulent conduct may include misrepresentations, concealment of facts, or other deceitful actions intended to induce the testator to make specific provisions in the will. Fraud and undue influence often go hand in hand in will contests.
Forgery: A will may be contested if it is believed that the signature of the testator or witnesses to the will was forged or falsely represented. Forgery occurs when someone signs the testator’s name or the names of witnesses without their authorization or knowledge.
Failure to Comply with Legal Formalities: A will may be contested if it does not meet the legal formalities required for a valid will under Oklahoma law. These formalities typically include requirements such as the testator’s signature, the presence of witnesses, and attestation to the will’s execution. If the will does not comply with these formalities, it may be deemed invalid.
Steps After Filing a Petition for Will Contest
After the filing of the petition and service upon all interested parties, discovery can begin. Discovery involves gathering evidence, conducting depositions, and obtaining relevant documents from the other parties by each party in support of their respective positions.
From there, the parties begin to move toward mediation, settlement or trial. Mediation can be a cost-effective and efficient way to reach a settlement agreement that addresses the concerns of all parties involved. Mediation occurs outside the courtroom. A trained mediator attempts to move the parties toward settlement. This is often effective and much less costly than resolution through trial.
If the dispute cannot be resolved through mediation or settlement, the case may proceed to trial. At trial, each party presents evidence, calls witnesses, and argues their case before the court. The judge will ultimately make a decision based on the evidence presented and applicable law. If you are dissatisfied with the outcome of the trial, you may have the right to appeal the decision to a higher court. An appeal allows a reviewing court to reconsider the trial court’s decision and determine whether any errors were made that warrant a reversal or modification of the judgment.
In Oklahoma, as in other jurisdictions, contesting a will can be a complex and challenging process. It requires gathering evidence, presenting legal arguments, and navigating court proceedings. Individuals considering contesting a will should consult with a Muskogee probate attorney who can evaluate the circumstances, assess the validity of potential grounds for contesting the will, and provide guidance and representation throughout the legal process.
Low-cost Strategy Session With a Muskogee Probate Attorney
If you are contemplating a will contest, contact the Muskogee lawyers at the Wirth Law Office – Muskogee for a initial consultation today at (918) 913-0725. If you prefer to contact us by email, use the form at the top of this page.
