Will Contests in Iowa
In Iowa, there are a few ways to challenge a will as not being the valid distribution of someones estate after their death. The two most common reasons are (1) undue influence and (2) lack of mental capacity. Each of the challenges to a will have a different set of requirements. The person(s) challenging the will has the responsibility to prove certain requirements to have the will set-aside. The evidence will be presented to either a judge or a jury. The elements of each challenge are shown below.
- Undue Influence - Undue influence is the situation where someone improperly places their intentions for distribution under a will in lieu of the person actually signing the will. For example, placing a gun to someones head and having them sign their will is an extreme example. What about the situation where one child is helping a parent in all matters of their life, including taking them to the attorney's office to sign the will, and the will leaves a greater part of the estate to that particular child. In order to assert a claim of undue influence the person challenging the will must prove (1) the person signing the will (called the testator) was susceptible to undue influence, (2) the influencer had an opportunity to exercise undue influence and effect a wrongful purpose, (3) the influencer had a disposition to unduly influence to procure an improper favor, and (4) the result was clearly the effect of undue influence. It is not unusual for circumstantial evidence evidence to be used to support a will contest as direct evidence for undue influence is difficult to produce. Also, it is not necessary to show that a person lacks mental capacity, although such evidence of diminished capacity shows their susceptibility to influence.
- Lack of Capacity - If a person does not have the necessary mental capacity to execute a will, the will can be challenged as an invalid document. The level of competency to sign a will is a low level - lower level than that necessary to sign a legal contract. Specifically, a person must know (1) they are making a will, (2) appreciate the extent of their assets, (3) identify their natural heirs, and (4) understand how the will distributes their assets. A person who suffers from a mental disease or defect, such as Alzheimer's or other form of dementia, may still possess sufficient capacity as long as their compromised mental status does not influence the will.
How long in Iowa do you have to contest a will?
Would like to know if it is possible for my mom to challenge my great grandma's will. My mom was originally on the will. My great grandma just passed away and we just found out that there was a new will made which leaves all her assets to the nursing home where she was living we the she was persuaded to by the nursing home to leave her assets to them. Is it possible to challenge the new will?
It would depend on when your grandmother passed away and the circumstances surrounding her new will. Was she improperly influenced to leave it to the nursing home? Did she have sufficient capacity to understand what she was doing? You should consult with an attorney to work through those questions in order to decide whether the will should be contested.
If a beneficiary is found to have unduly influenced the testator to create Will 2 (leaving everything to beneficiary) and Will 1 gets probated does beneficiary forfeit the share she would have gotten under Will 1?
James-
I'm not sure I'm following your question. Whatever Will that gets probated, and is not timely contested, is the will for distribution of shares. Thus if Will #1 is probated, and not challenged in a timely manner, it stands as the final will.
My father has passed away Nov. 2004. The will has only been seen by my half brother and will not share the contents because our step mother has living rights in the house on the farm. Can he be forced to let the contents be known.
Paul-
If a will has not been probated within 5 years after death, it cannot be probated. The question involved is how the step-mother has rights to stay. Did the will provide for this or was it by deed? Normally, under Iowa law, there is a requirement that whoever holds the original will of a deceased person is required to file with the clerk of court on request.
My great aunt passed away recently and my uncle was taking care of her affairs the last couple years. She owns 80 acres of farm ground and has willed this land to be sold to my uncle for a very small sum of money. She was 100 years old when she signed the will and really would have no idea what land values are. there are 6 hiers total that will be left with nothing. My uncle did this same thing to my grandfather's estate in the 80s and left my folks with nothing. What is the proper way to challenge this and get it overturned since this is so self serving.
My fathers will is currently in probate. Last week we received a challenge to his will from his companion as she was not listed as an heir. Dad left his estate to his 3 surviving children. There is talk about settling out of court rather than going through litigation expense.
Can the executor make that decision with or without enlisting full support of the other heirs?
Thank you for your reply.
Vince-
Settlement of claims in probate need the consent of the beneficiaries under Iowa law.
Jim-
Will challenges in Iowa should be filed by the latter of: (1) fourth month after publication of notice in a local newspaper or (2) one month after mailing notice to party. To challenge the will, the legal basics are set out in the blog post above. You should contact legal counsel immediately to review your particular situation.