Common Grounds for Challenging a Will in Estate Litigation
March 31, 2026
Losing a loved one is an incredibly painful experience, often made even more difficult by the complicated legal matters that follow. It's natural to feel a sense of confusion and distress if you discover that a family member's final wishes, as written in their will, don't align with what you believed their true intentions to be.
During such an emotional season, the thought of entering a legal dispute can feel overwhelming, yet finding the truth is essential for your peace of mind and your family’s future. At the Law Offices of Julie A. Schejbal, CHTD, we focus on helping you work through these challenging decisions with clarity and dignity.
We have a location in Dunkirk, Maryland, and we serve clients in Calvert County, Prince George’s County, Charles County, and St. Mary’s County. As your estate litigation advocate, we’re here to help you determine if there are valid grounds to challenge a will and protect what matters most. Reach out to us today to begin discussing your situation.
Identifying Lack of Testamentary Capacity
One of the most common reasons to challenge a will is the belief that the person who created it didn't have the mental capacity to understand what they were doing at the time of signing. In Maryland, a testator must be of "sound and disposing mind." They must understand the nature of the document they're signing, the extent of their property, and who their natural heirs are.
Working with an experienced lawyer helps you gather the necessary medical records and witness testimony to prove a lack of capacity. We’ll help you review the timeline of the testator's health to determine whether their mental state was compromised at the time the will was created.
Key evidence for this ground includes:
Medical evaluations: Records from doctors or specialists showing a history of cognitive decline or impairment.
Witness statements: Accounts from people who interacted with the deceased near the time the will was signed.
Daily logs: Personal notes or journals that reflect the person's mental state and confusion.
Testimony from experts: Professionals who can explain how specific conditions impact decision-making.
Proving a lack of capacity is a detailed process that requires professional knowledge of both law and medicine. We’re committed to helping you present a clear picture of the circumstances to the court. Once we’ve established whether the testator was capable, we can also look for signs of outside pressure.
Uncovering Undue Influence and Pressure
Undue influence happens when someone in a position of trust or power uses that relationship to pressure the testator into changing their will. This often occurs when a person is vulnerable due to age or illness and becomes dependent on a single caregiver or family member. Unlike a simple suggestion, undue influence involves coercion.
As your estate litigation advocate, we’ll investigate the relationships surrounding the deceased to identify any patterns of manipulation. We work to show that the will doesn't reflect the person’s true intentions but rather the influencer's desires.
Signs of potential undue influence include:
Sudden changes: Unexplained or drastic modifications to a long-standing estate plan.
Isolation: The beneficiary kept the person away from other family members or friends.
Conflicting statements: The deceased made verbal promises that are inconsistent with the written will.
Dependency: The testator relied entirely on the beneficiary for food, medicine, or financial management.
Identifying these red flags is essential for protecting the integrity of your loved one's legacy. We’re here to make sure that the true wishes of the deceased are the ones that are honored.
A fair distribution of assets should reflect the lifetime of relationships the person has built. After looking at influence, we must also consider the possibility of outright deception.
Challenging Fraud and Forgery
In some unfortunate cases, a will is challenged because it's believed to be a product of fraud or forgery. Fraud occurs when the testator is tricked into signing a document they don't realize is a will, or when they're given false information to influence their bequests. Forgery involves the actual falsification of the testator's signature or the physical alteration of the document.
Your estate litigation attorney can help you engage forensic professionals to analyze the document for authenticity. We’ll help you verify that the signature and the document’s physical history are consistent with the testator's past habits.
Elements investigated in these cases include:
Handwriting analysis: Comparing the signature on the will to other verified signatures of the deceased.
Document forensics: Checking for signs of page replacement, ink differences, or physical tampering.
Electronic footprints: Reviewing digital records if the will was prepared or stored on a computer.
Witness credibility: Investigating the backgrounds of the people who claim to have seen the signing.
Proving fraud or forgery requires meticulous attention to detail and a high standard of evidence. We’re dedicated to uncovering the truth and preventing a fraudulent document from being enforced.
Protecting your family from deception is a vital part of the support we provide. Once the authenticity of the document is confirmed, the next step is checking for procedural errors.
Evaluating Improper Execution of the Will
Maryland law has strict requirements for how a will must be signed and witnessed to be legally binding. If these formalities aren't followed precisely, the will may be declared invalid regardless of the testator's intentions. Generally, a will must be in writing, signed by the testator, and witnessed by at least two credible people who sign in the testator's presence.
An experienced lawyer will review the signing process to confirm that all state requirements were met. We’ll help you identify any procedural lapses that could invalidate the document.
Key areas of concern for improper execution include:
Witness presence: Verifying that the witnesses actually saw the testator sign the document.
Number of witnesses: Making sure at least two people were present and signed as required by law.
Witness competency: Confirming that the witnesses were mentally capable and of legal age.
Beneficiary witnesses: Checking if a witness is also a beneficiary, which can create a conflict of interest.
Following these rules is what gives a will its legal power and protects it from being tossed out by a probate court. We provide the oversight needed to verify that the document's legal foundation is sound.
Correcting these procedural issues is a key task for an estate litigation attorney. With the legal validity addressed, you can begin to find peace.
Finding Reassurance With an Estate Attorney
Navigating estate litigation is a journey that requires both legal strength and emotional support. You shouldn't have to manage these choices alone when experienced legal help is available to protect your family. Our goal is to provide you with the steady support and professional advocacy you need to work through this process with your dignity and assets intact.
At the Law Offices of Julie A. Schejbal, CHTD, we take pride in helping our neighbors seek justice in estate matters. We have a location in Dunkirk, Maryland, and we serve clients in Calvert County, Prince George’s County, Charles County, and St. Mary’s County.
We’re here to provide the dedicated support you need as your estate litigation advocate to protect your loved one’s legacy. Contact us today to see how we can help you move forward.