In Oklahoma, if you believe a will doesn’t truly represent the wishes of the deceased because of issues like fraud, lack of proper execution, or undue influence, you have the right to challenge it. This is a significant step, especially if you stand to be affected by the outcome.

Initial Steps to Contesting a Will

To start the challenge, you must file written opposition to the will’s probate. This document should outline your objections and reasons for contesting the will’s validity. It’s important to serve copies of this document to the petitioner (the person who has filed for the will’s probate) and any other parties in the county who have an interest in the estate. This could include other heirs or beneficiaries named in the will.

Responding to a Challenge

After you file your challenge, the court provides an opportunity for the petitioner and others who support the will’s validity to respond. They can either dismiss your claims via a legal procedure known as a demurrer, which argues that even if all facts in the challenge are true, they don’t constitute a valid legal reason to contest the will. If the court does not accept this demurrer, the case moves forward, and the respondents must directly address your challenges in their filings.

Grounds for Contesting a Will

You can base your challenge on several grounds, such as:

• Mental Capacity: Arguing that the decedent was not mentally competent to make a will at the time of its execution.
• Undue Influence or Coercion: Suggesting that the decedent was pressured or manipulated into making the will.
• Fraud or Forgery: Claiming that the will is not genuine or has alterations.
• Improper Execution: Showing that the will does not meet Oklahoma’s legal standards for valid execution, which include a true signature by the decedent and witnessed properly.

Legal Process and Trial

If the issue advances to trial, the court treats it much like any civil lawsuit. You, as the challenger, will act as the plaintiff, and the person defending the will’s validity acts as the defendant. The court examines all evidence related to your claims and the responses from the defending parties.

Evidence and Witnesses

A crucial part of your challenge will be the evidence you present. This could include testimony from witnesses to the will’s signing, medical records in relation to the decedent’s mental capacity, or expert testimony on handwriting if forgery is possible. If key witnesses are not available locally, their depositions can be taken out of state as per Oklahoma’s rules for civil cases, ensuring their testimonies are considered in the trial.

Judgment and Effects

Once each party presents their evidence for examination, the court will issue a judgment. If the court deems the will invalid, they may dismiss it entirely, or an earlier will may take its place if one exists. If the court upholds the will, it proceeds with its intentions. The court records the judgment officially, and this record is critical for any further appeals or legal actions.

Understanding the Timeframe

It’s important to act promptly if you intend to challenge a will. Oklahoma law allows specific timelines for initiating a challenge, typically within three months from when someone submits the will to probate. Missing these deadlines can prevent you from contesting the will later.

Consulting a Professional

When challenging a will, consulting with an estate litigation / probate lawyer is advisable. They can help clarify the legal process, gather necessary evidence, and represent you in court, increasing your chances of a favorable outcome.

Claremore Estate Litigation Lawyer | Will Contest Attorneys

Challenging a will in Oklahoma involves a legal process and requires a thorough understanding of probate law. By knowing your rights, the grounds for contest, and the necessary steps to initiate and argue your case, you can more effectively manage the challenge and work toward a resolution that reflects the true intentions of the deceased. This process is best undertaken through the help of a lawyer. Contact estate litigation lawyers at Kania Law Office – Claremore Attorneys at (918) 379-4872 or online for a consultation regarding your options and next steps.