A 93-year-old father revised his will shortly before his death, leaving his entire $500,000 estate to one son. The other son, who expected to share in the inheritance, now asks whether the change can be challenged.
The father made the revision late in life while dependent on his son for housing and daily care. The excluded son says his brother had no job and needed a place to live.
Estate lawyers say will challenges are possible but difficult. The outcome depends on evidence of fraud, undue influence, or lack of mental capacity at the time of signing.
Undue influence is the most common claim in late-life will changes. It requires showing that the beneficiary pressured the testator and that the pressure overcame free will.
Lack of capacity is another route. A challenger must prove the father did not understand his assets, his heirs, or the effect of the document when he signed it.
Courts closely examine who arranged the signing. A beneficiary who isolated the father from other family and scheduled the meeting with a lawyer raises scrutiny.
Many wills include a no-contest clause, which can penalize a failed challenge. Some states enforce these clauses strictly, so challengers risk losing any bequest they were left.
Time limits apply. Most jurisdictions require a challenge within months of probate filing, so consulting an estate attorney quickly is essential.
