Oregon Estate Law: What Happens When a Will Is Contested?

Oregon Estate Law: What Happens When a Will Is Contested?

Understanding Oregon estate law is essential for anyone involved in the probate process, especially when a will is contested. A will contest typically arises when an interested party challenges the validity of a will, which can lead to considerable delays and added complexities in estate administration.


In Oregon, the grounds for contesting a will generally include:


  • Lack of testamentary capacity: The individual must have been able to understand the nature and extent of their property, and the effect of making a will at the time of execution.
  • Improper execution: Oregon law requires that a will be signed by the testator and witnessed by at least two individuals who are not beneficiaries of the will.
  • Undue influence: A will can be contested if it is believed that the testator was coerced or manipulated into making changes to their will by someone with a significant relationship to them.
  • Fraud: If the will was procured through deceptive practices, it can also be deemed invalid.

If a will is contested in Oregon, the process typically unfolds as follows:


1. Filing a contest: An interested party, such as a disinherited heir or a former beneficiary, must file a petition with the probate court. This petition needs to specify the reasons for the contest and must be done within a specific time frame, generally within three months of the will's admission to probate.


2. Probate court proceedings: Once the contest is filed, a court hearing will be scheduled. Both parties can present evidence, including testimony from witnesses and documentation that supports their claims. The burden of proof typically lies with the contestant.


3. Judgment: After weighing the evidence, the probate judge will make a ruling. If the contest is successful, the court may declare the contested will invalid, possibly reverting to a prior will or the laws of intestate succession if no valid will exists.


4. Appeals: If either party is dissatisfied with the court's decision, there may be an option to appeal, which can further delay the resolution of the estate.


Contesting a will in Oregon can be a lengthy and expensive process. Therefore, it’s advisable for those interested in contesting a will to seek the assistance of an experienced estate attorney. An attorney can provide invaluable guidance on the likelihood of success and navigate the complexities of probate law.


In conclusion, while contesting a will is a legal right in Oregon, it is crucial to understand the grounds for contestation and the implications of such actions. Engaging with knowledgeable legal counsel can facilitate a smoother process and help ensure that the wishes of the decedent are honored, provided those wishes were documented appropriately in their will.