Grounds for Contesting a Will in Mississippi

A will is a sacred document to both the person who writes it (the testator) and the person who benefits from it (the beneficiary). Wills are how we pass down money and heirlooms and ensure a beloved home or business is cared for after we’re gone. It’s easy to see then why wills can sometimes be hotly contested. One family member may feel left out, or a whole family may feel like their grandparent was coerced. So if it is necessary to contest a will, how do you do it? And who is allowed to determine if contesting is necessary? Let’s answer those questions now.

Who Can Contest A Will?

Pretty much anyone can contest a will. The law states it can be done by anyone who has the potential to gain something if the will were to be proven invalid. This means anyone who believes a will should be contested can contest a will.

How Do You Contest A Will?

Well, you contact a lawyer who works in probate law. When it comes down to contesting a will, the main focus is proving whether or not it is a legitimate will. That is, the will was created by a testator of sound and disposing mind who intended the document to be their will. It must be entirely written of their own volition, in their own handwriting and signed, or typed and signed in the presence of two witnesses who also sign. If all of these criteria are met, it’s an ironclad will and cannot be contested.

Grounds For Contesting A Will

The grounds for contesting a will are simple. You can prove that the will is the product of fraud or forgery, but cases like this are extremely rare. That’s because most people have a will signed and witnessed for precisely this purpose. Still, if it can be proven that the testator was unaware of what they were signing, then the will can be invalidated. Alternatively, a will can be contested by proving that the testator was not of sound mind or was abused or otherwise coerced into signing.


For more questions about wills or probate law, call The Law Offices of Rusty Willard at (601) 824-9797.