Being left out of a will or being left with less than expected is not, in itself, a reason to challenge it. Wisconsin courts reject claims based on disappointment. To succeed, you need two things that the law actually recognizes: the right to object and a legal basis for invalidating the will. If you miss either of these, or if you wait too long, the will will stand. Collins Law Firm helps Milwaukee-area families navigate these disputes and estate planning to prevent them.
You Need Standing First
You can’t contest a will just because you know the person. Wisconsin only allows an “interested party” to object. Under Wis. Stat. § 851.21, this generally means heirs who would inherit if there was no will, beneficiaries named in the will, or beneficiaries of a previous will or trust. If the validity of the will doesn’t affect what you get, you have no right to fight it.
The Grounds That Actually Work
A judge will not set aside a will simply because it seems unfair. There are specific recognized grounds for doing so:
- Lack of testamentary capacity: The person must be 18 years old and of sound mind at the time they signed the will. Dementia, serious illness, or taking heavy medication can support a claim of lack of capacity.
- Undue influence: Someone in a position of trust may have pressured the person to include terms that reflect their wishes, rather than the decedent’s own.
- Fraud or forgery: If the signature on the will was faked or the person was misled about what they were signing, a claim of fraud or forgery may be made.
- Improper execution: Wisconsin law requires the will to be properly signed and witnessed. A will that fails to meet these requirements may be invalidated on this basis.
Proof matters more than suspicion. You’ll need documents, witnesses, or medical records, not just a feeling that something is off.
Timing Is Everything
Move fast. A will can be admitted to probate in roughly 30 days after the petition is filed, unless someone objects in writing first. Once a will has been admitted, challenging it becomes much harder.
Under Wis. Stat. § 856.11, interested parties receive notice of the hearing and a copy of the will on offer. This notice is your cue to act. If you are disinherited, you might not receive personal notice at all, so you should watch the court filings or publish notice yourself. It is safer to raise an objection before the will is admitted rather than after.
Watch for a No-Contest Clause
Many wills include a penalty clause that disinherits anyone who challenges the document. Wisconsin enforces these, but with a critical exception. Under Wis. Stat. § 854.19, the clause cannot be enforced against you if the court finds you had probable cause to bring the challenge. A good-faith contest backed by real evidence won’t automatically cost you your inheritance.
The Practical Reality
Will contests are legal proceedings. They take time, cost money and can strain family relationships that were already fragile. Some are settled. Others go to full hearings, where the person defending the will has the burden of proving its validity.
That is why the decision to contest should be carefully considered before filing. A weak case may trigger a no-contest penalty, but a strong case, filed in time, may protect what a loved one intended.
Talk to Collins Law Firm
If you suspect a will does not reflect your loved one’s true wishes, do not wait to find out where you stand. The clock begins ticking as soon as probate begins.
Collins Law Firm helps families in Wauwatosa, Pewaukee, and throughout the Milwaukee area to evaluate will contests and build strong enough estate plans to hold up. Contact us to review your will, weigh your options, and act while you can still.