Contesting a Will in Indiana: What You Should Know Before Taking Action

The loss of a loved one is often accompanied by grief, confusion, and a host of legal matters that must be addressed. One of the most critical legal processes that follows a person’s death is probate, the formal court proceeding used to authenticate the decedent’s Last Will and Testament, pay debts, and distribute assets. While probate is usually straightforward when a valid Will is in place, questions may arise about the legitimacy of that Will. In such cases, a legal challenge to the Will, known as a “Will contest,” may be warranted. If you are considering contesting a Will in Indiana, it is important to understand the requirements, legal grounds, and procedural steps involved. Toward that end, the Indianapolis attorneys at Frank & Kraft discuss what you should know about contesting a Will in Indiana before taking action.

What Does It Mean to Contest a Will in Indiana?

Contesting a Will means challenging its validity during the probate process. This type of legal action is typically initiated because an interested party believes the Will does not accurately reflect the true intentions of the deceased or was created under circumstances that violate Indiana law. A Will contest takes place in court and often resembles other forms of civil litigation, with formal pleadings, discovery, hearings, and potentially a trial.

Requirements for a Valid Will in Indiana

For a Last Will and Testament to be valid under Indiana law, specific legal requirements must be met at the time of execution. If these requirements are not satisfied, the Will may be declared invalid:

• The person creating the Will, known as the Testator, must be at least 18 years of age.
• The Testator must have been of sound mind, which means he or she had the testamentary capacity to understand the nature of the document, the extent of his or her property, and the identity of heirs or beneficiaries.
• The Will must be voluntarily signed by the Testator in the presence of two disinterested witnesses.
• The document must be in writing.

If any of these elements are missing, improperly completed, or fraudulent, it can serve as the basis for contesting the Will.

Who Has the Right to Contest a Will in Indiana?

Not just anyone can bring a Will contest. Indiana law requires a person to have “standing” to challenge the validity of a Will. To have standing, you must be an “interested person,” which generally includes the following categories:

• Legal heirs of the decedent, such as a spouse, child, or other relative who would have inherited under Indiana’s intestate succession laws.
• Beneficiaries who were named in a prior Will but were excluded or received a diminished inheritance under the current Will.
• Creditors of the estate who have a financial interest in the proceedings.

This rule prevents disinterested third parties or individuals with no legal or financial interest from using the court system to challenge a Will.

Time Limits for Contesting a Will in Indiana

If you suspect that a Will is invalid, timing is critical. In Indiana, there is a strict deadline for initiating a Will contest. You must file your claim within three months from the date the Will is admitted to probate. Once this time period has passed, the right to challenge the Will is typically forfeited. Given the short window, you should consult with a qualified probate attorney as soon as possible if you have concerns.

Legal Grounds for Contesting a Will in Indiana

To succeed in contesting a Will, you must assert and prove specific legal grounds. Being dissatisfied with your inheritance or feeling that the distribution is unfair is not enough to invalidate a Will. The legal reasons recognized in Indiana for challenging a Will include:

• Lack of Testamentary Capacity: If the Testator did not understand what he or she was signing or lacked mental clarity at the time the Will was executed, the Will may be deemed invalid. Evidence might include medical records or testimony from those familiar with the Testator’s condition.
• Undue Influence: A Will may be invalidated if someone exerted pressure or influence on the Testator to such a degree that the Will reflects the desires of the influencer rather than the Testator. This often involves a caregiver, relative, or new acquaintance who isolates the Testator and benefits substantially under the Will.
• Fraud or Forgery: A Will signed under false pretenses or containing forged signatures is not legally valid. For example, if the Testator was tricked into signing the document or if someone forged their name, the court can nullify the Will.
• Improper Execution: A Will must meet the statutory requirements for execution. If it lacks the correct number of witnesses or was not signed properly, it could be declared invalid.
• Revocation by a Later Will: If a more recent Will exists that either revokes or contradicts the prior Will, and the newer document is valid, the original Will may be set aside.

The Role of a Surviving Spouse: Elective Share

Spouses in Indiana have an additional layer of protection that can sometimes eliminate the need to contest a Will. Under Indiana law, a surviving spouse may choose to take what is known as an “elective share” in place of what the Will provides. This elective share is currently set at $25,000 and can be elected regardless of what the Will states. While this amount is relatively modest, it provides a minimal guaranteed inheritance to a surviving spouse.

What Happens during an Indiana Will Contest?

The first step in contesting a Will is filing a petition with the probate court in the county where the Will is being probated. The petition must clearly state the grounds on which the Will is being challenged and provide factual allegations that support those claims. Once filed, the court will initiate formal proceedings.

The estate’s Executor, as named in the Will, will typically defend the document’s validity. Discovery follows, during which both sides exchange evidence, interview witnesses, and gather documentation. The court may encourage negotiation or mediation to resolve the dispute without a trial. If no agreement is reached, the matter proceeds to a bench trial, during which a judge (and not a jury) decides the outcome.

If the court determines that the Will is invalid, it will be set aside. If the decedent had an earlier, valid Will, the court will enforce the terms of that document. If no other Will exists, the estate will be distributed according to Indiana’s intestate succession laws, which prioritize spouses, children, and other close relatives.

If your petition to contest the Will is unsuccessful, the original Will submitted to the court will govern the distribution of the estate. Contesting a Will is a serious legal endeavor, and if you lose, you may be responsible for your own legal costs. In some cases, if the Will contains a “no-contest” clause, you might also risk forfeiting any inheritance you were otherwise entitled to receive.

Do You Have Additional Questions about Contesting a Will in Indiana?

For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about contesting a Will in Indiana, contact the experienced Indianapolis probate attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

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