Grounds for contesting a will have specific requirements that need to be met to ensure the success of your will contest. In Oklahoma, the loss of a loved one can quickly become more complicated when questions arise about the validity of their will. If you suspect the will does not reflect the true intentions of the deceased, Oklahoma law provides a process to challenge it. However, it’s important to understand that contesting a will is not easy—you must have legal standing and valid grounds to bring a challenge. This article outlines the legal basis to contest a will in Oklahoma and explains the process involved.
Who Has Standing To Challenge a Will in Oklahoma?
Only individuals with “standing” may contest a will. This generally includes:
- Heirs at law. This includes those who would inherit if there were no will. They have a direct interest in the outcome of any will disputes and therefor have standing in the case.
- Beneficiaries named in a prior will. Once again they have standing because their interest is directly impact by the will contest.
- Creditors or other parties who may have a financial interest in the estate
In other words, if the outcome of the estate’s distribution could directly affect your legal or financial interests, you likely have standing to challenge the will.
Reasons to Challenge a Will in Oklahoma
Oklahoma recognizes several legal grounds on which a will may be declared invalid:
1. Lack of Testamentary Capacity Set Out In the Will
To make a valid will, the person making the will must have had mental capacity at the time the will was executed. This means they must have understood at the time they drafted or signed the will:
- The nature and extent of their property. If the person who made the will doesn’t understand what property they are gifting away at the time the will is executed, they probably don’t have capacity.
- The identity of their natural heirs is an important indication of capacity.
- The decedent must be able to appreciate the impact of signing the will or their capacity is a problem.
If evidence shows the testator suffered from dementia, mental illness, or was under heavy medication at the time, you may have a valid claim for lack of capacity.
2. Undue Influence
A will can be invalidated if someone exerted extreme pressure or manipulation on the testator, overpowering their free will. This often arises in cases involving:
- Caretakers,
- New spouses or romantic partners,
- Individuals who isolate the testator from other family members.
Proving undue influence requires showing that the influencer had a confidential or dominating relationship with the testator and used it to obtain an unfair benefit.
3. Fraud
If the testator was tricked into signing the will or was misled about what they were signing, the will may be invalidated due to fraud. For example, someone may have switched documents or lied about the content of the will.
4. Forgery
A will must be signed by the testator and witnessed according to Oklahoma law. If a signature is forged or the will is otherwise fabricated, it is not valid. This might involve evidence to support the claim the signature is not the testator. At trial you must be prepared to offer expert testimony provided by an expert in hand writing analyses.
5. Improper Execution or Other Irregularities Related to Statutory Requirements
Oklahoma law requires that a valid will must possess the following:
- The will be in writing or other ways approved by Oklahoma statute,
- Signed by the testator or at their direction,
- Signed in the presence of at least two competent witnesses who are not beneficiaries to the will.
Failure to meet any of these requirements may be grounds to challenge the will.
How to Contest a Will in Tulsa County
A will contest must be filed in the county probate court where the estate is being administered. If the will has already been admitted to probate, you must file an objection within the time limits set by the court—often a short window after receiving notice of probate proceedings.
The process includes:
- Filing a formal objection and stating the grounds for your challenge. This is filed in the same county the probate is filed and the will is being entered.
- Presenting evidence, which may include medical records, witness testimony, or handwriting analysis. Its not uncommon for this kind of a challenge to get set for a trial.
- Attending a court hearing where the judge will decide whether the will is valid. The formality of the hearing is set by the Judge in your case. Your probate attorney understands the probate process and attends the hearing with you. The attorneys will normally call witnesses and present evidence supporting the Grounds For Contesting a Will.
Speak to a Probate Attorney Near You
Grounds For Contesting a Will in Oklahoma is a complex process. The process requires a strong understanding of the probate process in Tulsa County. If you believe a will does not reflect the true wishes of a loved one, or was created under suspicious circumstances, there are things that you can do. The Tulsa probate attorneys at Tulsa County Lawyers Group help individuals and families navigate difficult probate matters throughout Oklahoma. Get a free and confidential consultation with one of our Oklahoma attorneys by calling 918-379-4864. Or if you want to ask an online legal question you can click this link and an attorney will respond quickly.
