Will Contests

What are the "basics" of a Will Contest?

In Iowa, a Will contest is instituted by one or more heirs filing a lawsuit in the same county the Will was admitted to probate.  The suit is tried as an action at law, and that may include a demand for a jury.

In the lawsuit, the heirs have the burden of proof to show, by a "preponderance of the evidence" (this is a lesser standard than "beyond a reasonable doubt") that the Deceased:

• Did not properly execute the Will;
• Lacked the required "testamentary capacity" to execute a Will; or
• Was "unduly influenced" to execute the Will.

Although occasionally there are will challenges based on execution of the Will, will contests based on either, or both, lack of "testamentary capacity" and "undue influence" are far more common.

What does it take to prove a lack of testamentary capacity?

An individual lacks testamentary capacity, if, at the time of execution of their Will, they do NOT:

• Understand the nature of the instrument they are executing;
• Know and understand the nature and extent of his property;
• Remember the natural objects of his bounty (i.e. their direct family members); and
• Know the disposition they are intending to make.

What does it take to prove undue influence in drafting and/or executing of the Will?

In order for a Will to be invalidated based on a theory of "undue influence" the heirs would have to show (again, by a preponderance of the evidence) that, at the time of execution of the purported Will:

• The Individual was susceptible to undue influence,
• The beneficiary had the opportunity to exercise such influence and effect the wrongful purpose,
• The beneficiary had a disposition to influence the individual unduly for the purpose of procuring an improper benefit,
• The Will must clearly appear to be the effect of undue influence,
• The beneficiary in fact had dominance over the individual,
• The individual's mind at the time of execution of the Will was such that they were subject to the beneficiary's dominance,
• The general character of the disposition of their property is such that it "looks" like there was undue influence, and
• The actions of the beneficiary in connection with making of the New Will appear to have been coercive.

A suspicion, but not a presumption, of undue influence arises where the dominant party participates in, in either the preparation or execution of the contested Will.

The act of undue influence is rarely witnessed; therefore, the common situation is one where undue influence is proven by circumstantial evidence.

What happens if the heir's lawsuit is successful?

• When two Wills exist and a contestant challenges only the later one, and does so successfully, the earlier Will stands as the testator's Will.  Hence, the old Will (if there is an original in existence) "stands". The parties may also challenge the previous Will.
• When there is no prior Will, the individual's property passes pursuant to the intestacy statute.