Creating a valid will is an important step to protect your loved ones and ensure that your wishes are carried out after your passing. However, even well-crafted wills can sometimes lead to legal disputes, especially when there are complex family dynamics or significant assets involved. 

In Mississippi, will disputes are not uncommon, and they can arise when family members have different opinions about how the estate should be divided or when there is disagreement about the terms of the will. Understanding the reasons why these disputes occur can help individuals take steps to minimize the risk of future litigation.

Failure to Meet Mississippi’s Legal Requirements

One of the most common reasons for challenging a will is improper execution. According to Mississippi law, a will must be written and signed by the person who makes it, also known as the testator. Additionally, there must be at least two competent witnesses who attest to the signing of the will. These requirements can be found in Miss. Code Ann. § 91-5-1.

If a will is missing required signatures or witnesses, or if there is uncertainty about whether the necessary formalities have been followed, a court may decide to declare the will invalid. Although Mississippi recognizes handwritten (holographic) wills in certain circumstances, these types of wills are often more susceptible to challenges due to questions about authenticity and intent.

Lack of Testamentary Capacity

Another common basis for challenging a will is the allegation that the person who made the will (the testator) lacked testamentary capacity at the time they signed the will. To be considered valid, the testator generally needs to understand:

• The nature and extent of their assets
• The natural beneficiaries of their estate
• The legal consequences of signing the will

Challenges based on capacity often arise when a testator is elderly, seriously ill, or has been diagnosed with cognitive impairments such as dementia. In Mississippi, courts evaluate capacity based on the circumstances at the time of the will signing, rather than before or after that time.

Undue Influence by a Family Member or Caregiver

Undue influence is a common issue in disputes in Mississippi. A will can be challenged if there was improper pressure exerted on the person making the will, effectively overriding their free will.

Claims of undue influence are particularly common when:

• A caregiver or non-family member receives a significant inheritance.
• One child is favored over others without a clear explanation.
• The will was drafted in secrecy or in isolation.

The courts in Mississippi closely examine confidential relationships and suspicious circumstances surrounding the creation of a will. If it is proven that undue influence has been exerted, the court may declare part or all of the will to be invalid.

Fraud or Forgery

Wills can also be challenged on grounds of fraud or forgery. Fraud occurs when the person who makes the will is intentionally misled into signing it, or is deceived about its contents. Forgery happens when someone falsifies a person’s signature, or alters a document after it has been signed.

While these claims are less common, they may arise in high-conflict probate cases. Under Mississippi law, interested parties are allowed to present evidence challenging the authenticity of a will during the probate process.

Revocation or Existence of a Newer Will

A will contest may also arise when there is uncertainty regarding whether the will offered for probate is the latest version. Under Mississippi law, a will can be revoked by executing a new will or by physically destroying the old will with the intention of revoking it. If multiple versions of the will exist, beneficiaries may disagree about which document should control the distribution of assets in the estate.

Disinheritance and Family Disputes

Wills are often challenged when close family members feel unfairly left out or under-provided for. While Mississippi law generally allows individuals to distribute their property as they see fit, unexpected disinheritance can lead to legal action, especially when surviving spouses or children believe the will does not reflect the deceased’s true intentions.

Protecting Your Legacy in Mississippi

Contests in wills can delay distributions, increase costs, and cause long-term family tensions. Understanding the most common reasons why wills are contested in Mississippi can help you take steps now to protect your estate and your loved ones.

If you need assistance with drafting a will, establishing a trust, or reviewing your current estate plan, Gregory D. Keenum, PA, is here to help. Contact us today to schedule a consultation and ensure that your wishes are carried out with confidence and clarity.