Will Contests in Oregon

Contesting a Will is the act of challenging the validity of Last Will and Testament. There are several grounds for contesting a Will, to include:

1. Lack of Testamentary Capacity: The testator didn’t understand their assets, heirs, or the act of making a will, often due to conditions like dementia.
2. Undue Influence: Someone coerced the testator to alter the will against their true wishes.
3. Fraud or Duress: The testator was deceived or forced into signing.
4. Improper Execution: The will lacks required formalities, like two witness signatures.
5. Forgery or Revocation: The will was forged or previously revoked.

Who can Contest a Will?

Only those with legal standing can contest a will, meaning they have a financial or legal interest in the estate. Eligible parties include:

• Heirs: Relatives who would inherit under Oregon’s intestacy laws (ORS 112.045–112.115) if the will is invalidated, such as spouses or children.
• Beneficiaries: Individuals named in the current or a prior will.
• Interested Parties: Such as creditors with a stake in the estate.

Contesting a will involves these steps:

1. File a Petition: Submit a challenge in the probate court of the county where the estate is probated, detailing grounds and standing.
2. Notify Parties: Inform all beneficiaries and heirs of the contest.
3. Present Evidence: Use medical records, witness testimony, or expert opinions to support your claim.
4. Court Hearing: The court evaluates evidence and may invalidate the will, uphold it, or order a settlement.

Deadlines

Per ORS 113.185, a contest must be filed within four months of the probate notice’s publication or mailing, or 30 days after receiving actual notice, whichever is later. Missing this deadline typically bars the challenge.

Costs and Considerations

Will contests can be costly, involving legal fees and emotional strain. Hiring a probate attorney is advisable to navigate Oregon’s laws. Some wills include “no-contest” clauses, which may disinherit challengers, though Oregon courts may overlook these if the contest is filed in good faith. Mediation can be a less adversarial alternative.

Outcomes

If successful, the court may invalidate the will, distributing the estate via a prior will or intestacy laws (prioritizing spouses, children, or other relatives). If the contest fails, the will stands.

Tips

• Act quickly to meet deadlines.
• Gather strong evidence, like medical or witness records.
• Consult an Oregon probate attorney for guidance.

Contesting a will is complex but can ensure a testator’s true intentions are honored. Call The Law Office of David Johnson for a consultation (503-575-1332) we are located at 18840 SW Boones Ferry Rd #222, Tualatin, OR 97062.

Disclaimer: This article is informational and not legal advice. Consult an Oregon attorney for specific guidance.