When May A Will Be Contested, And Why?

The best thing a person can do before dying is create a clear, purposeful will. If the will is not clear, or if there is reason to doubt that the instructions in it are what the decedent truly wanted — the will can be contested in court.

Will contests occur when the heirs, usually family members, don't believe the terms laid out in the will, or feel that important assets are not covered by the will.

These are main charges made in a will contest:

  • Not legal: The will wasn't signed properly, and other objections.
  • Lack of capacity: Heirs claim that the decedent was not in full possession of his or her faculties.
  • Undue influence. This charge is raised when the decedent's home nurse or recent acquaintance is given a prominent place in the will.
  • Fraud: The classic case is that the wrong will was given to the decedent signed, or extra pages were added to it.

Will Contests Litigators For Omaha, Nebraska

At Reisinger Booth & Associates, PLLO, our probate law attorneys represent all sides in will contests — those challenging the will (the heirs) and those defending the will (the estate).

Many times a will contest is frivolous. Not getting what you had hoped for is not by itself a basis for a lawsuit. But many other times the issues are very real, very legitimate and involve assets of great value. When these conditions are in effect, you want to hire the best and most experienced representation you can find.


If you have questions about a will, or require astute defense in a contested will case,
call the lawyers at Reisinger Booth & Associates, PLLO, at 402-451-4488 —
or write us using this form.