Being left out of a loved one’s will or trust can come as a deep emotional blow, often raising questions about fairness, intent, and what really happened in the final months or years of someone’s life. If you’ve been unexpectedly excluded or feel you’ve been treated unfairly, it’s important to know that legal options may be available. With the help of an experienced estate attorney, you can explore whether grounds exist to challenge the document and potentially secure your rightful share.
This article outlines the legal rights of disinherited individuals, details common reasons for contesting a will or trust, such as undue influence, lack of capacity, or fraud—and walks through the steps involved in pursuing a claim in court.
Before taking any action, you must determine whether you have standing - legal grounds to file a challenge. Typically, this requires being an interested party, such as:
Without this, courts will dismiss your challenge before even reviewing the substance.
There are several legal bases for contesting a will or trust, though proving them is challenging and often requires substantial evidence.
The person making the document (the testator or settlor) must have understood:
If, for instance, they were suffering from dementia or were heavily medicated during execution, you may have legitimacy to challenge.
A common ground, undue influence occurs when somebody in a position of trust overrides the document-maker’s free will. Courts typically look for:
Once these are shown, some jurisdictions shift the burden of proof onto the influencer to establish legitimacy.
If the document was executed under false pretenses or if signatures are forged, the entire instrument can be invalidated. Examples include:
Most states require wills to be signed in the presence of two witnesses; trusts have formal standards too. Failure to meet these legal criteria, like missing a signature or forged witness acknowledgment, may invalidate the document.
A narrower category of incapacity, where the testator held a false belief with no rational basis, such as disinheriting a loving child under a mistaken belief of wrongdoing .
If you are among those excluded, a few vital considerations apply:
Pretermitted Heirs: Some states protect children (born after writing the will) and spouses, unless explicitly addressed by the testator.
No-Contest (In Terrorem) Clauses: These can penalize you for litigating—but are often unenforceable if you have probable cause.
Time Limits: Each state has a deadline to file your challenge, so timing is critical.
Contesting a trust works much like contesting a will - standing, capacity, undue influence, and fraud apply. Trusts, however, offer greater privacy (no public probate).
In some states like California, trust challenges trigger strict deadlines, and filing outside the window can forfeit your inheritance - even with good cause.
Obtain copies of the relevant documents (current and prior wills or trusts) and collect any evidence related to the grounds for challenge.
Given the complex legal standards, professional legal advice is essential to evaluate viability and take next steps, like mediation or formal contest.
Before litigation, courts often allow or encourage mediation - a potentially less costly and more amicable resolution process.
If mediation fails, your attorney will file a formal challenge in probate or trust court. The burden of proof lies with you, and you will need credible evidence to support your claims.
Success Rates: Will contests are rare - roughly 3% of all wills are challenged, with a success rate around 1%.
Costs: Typical litigation costs range from $10,000 to over $50,000, depending on case complexity.
Emotional Toll: These disputes often fracture family bonds, exposing private family dynamics in public venues.
Timing and Strategy: Acting early is critical - waiting may foreclose your rights entirely.
A successful contest may result in:
Even if full invalidation isn’t achieved, you may obtain a partial victory, like contesting specific clauses tied to undue influence.
If you're wary of contesting, other steps might help:
If:
...then disputing may not be worthwhile.
Being disinherited is painful, but you do have legal options if you suspect wrongdoing. The key steps are:
Work with a qualified attorney to maximize chances and minimize personal cost
Exclusion from a will or trust doesn’t define your rights. If you suspect mental incapacity, coercion, fraudulent behavior, or procedural errors, legal recourse is possible, but it must be pursued thoughtfully, quickly, and with evidence. Although courtroom action carries financial, emotional, and family costs, targeted challenges built on sound legal footing can restore fairness and achieve a measure of justice when the intentions you deserve were overridden.
