What Are the Grounds for Contesting a Will in Minnesota?
What Are the Grounds for Contesting a Will in Minnesota?
Contesting a will is a serious legal step that can impact families and estates for years to come. In Minnesota, not just anyone can challenge a will—and even those who are eligible must do so based on specific legal grounds. At Holker Law Offices, PLLC, we assist individuals across Minnesota in navigating the legal complexities of will contests and estate disputes.
Who Can Contest a Will in Minnesota?
To contest a will in Minnesota, you must have what’s called "standing." This means you must be someone who is affected by the outcome of the will.
Typically, this includes:
- Heirs-at-law (such as children, spouses, or siblings)
- Named beneficiaries in a prior will
- Creditors in rare cases
If you do not fall into one of these categories, Minnesota courts are unlikely to consider your claim.
Legal Grounds to Contest a Will
Minnesota recognizes several legal reasons for contesting a will. A challenge must be based on at least one of these grounds:
1. Lack of Testamentary Capacity
The person creating the will (the "testator") must be of sound mind. This means they understood:
- They were creating a will
- What property they owned
- Who their heirs or beneficiaries were
If the testator was suffering from dementia, mental illness, or was otherwise incapacitated at the time of signing, the will may be invalidated.
2. Undue Influence
A will can be contested if someone exerted pressure or manipulated the testator into signing it against their true wishes. This often involves a person in a position of trust—such as a caregiver or family member—using emotional or physical pressure to control the outcome.
3. Fraud or Forgery
If someone tricked the testator into signing the will, or if the signature is forged, the will can be thrown out by the probate court.
4. Improper Execution
Minnesota law requires specific formalities for a will to be valid:
- It must be in writing
- Signed by the testator
- Witnessed by at least two competent individuals
If these requirements were not followed, the will can be invalidated.
5. Revocation
A will may be contested if there is evidence that the testator revoked the will before death. This could be through a written revocation or by destroying the original will with the intent to revoke it.
Time Limits for Contesting a Will
In Minnesota, will contests must be filed promptly. Typically, you have:
- One year from the date of the decedent’s death if probate has not yet started, or
- Four months from the date notice of probate was given, if it has begun
Failing to meet these deadlines can result in the loss of your right to contest the will.
How Holker Law Offices, PLLC Can Help
Challenging a will is a complex process with high emotional and legal stakes. At Holker Law Offices, PLLC, we guide Minnesotans through each step—evaluating claims, gathering evidence, and advocating in probate court when necessary. Whether you're questioning a loved one’s last wishes or defending a valid will, we’re here to help.
