Making Sense of Caveats,
Will Contests, and Defenses

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Making Sense of Caveats, Will Contests, and Defenses

First off, “caveat proceedings” is just a decorative way of saying “contesting a will.”

Probate caveat litigation arises when “interested parties” challenge a will’s legitimacy in probate.

The law defines interested parties as individuals who hold some kind of pecuniary interest in an estate attached to a will that impacts their inheritance negatively.

Plaintiffs (caveators) are often legal heirs, relatives or individuals named in wills, previous wills, or estates without testamentary documents due invalidation by the courts.

It’s no mystery that this facet of estate law is the most complex and troublesome to litigate because not only must probate attorneys prove the will’s validity (or invalidity), but they must also establish legal grounds for the courts to enforce (or strike down) the testamentary document.

All this regularly takes place among divisive family conflicts that provoke animosity among parties as each side struggles to protect their financial interest in assets of significant money value.

For these reasons, caveators in Iowa must find a seasoned will challenge attorney who holds years of practice in estate litigation and who has the maturity and experience to skillfully navigate the proceedings so the parties can negotiate favorable terms before legal costs get out of hand.

The probate caveat lawyers at Smith Law Firm would like to thank Iowans for making our practice the go-to law firm in the state for contesting wills by sharing some will challenge insight with you so you’ll know what to expect should you ever have to fight for your inheritance.

Common Questions

Probate Caveats 101

Will challenges begin with preliminary caveat filings that petition probate courts to:

disallow administrators or executors from administering the estate assets of the deceased; and
place a limited hold on the estate until after the caveator receives legal notice of probate proceedings.

Caveators can formally challenge the validity of wills after receiving a copy of the estate documents, and their adversarial action filings will likewise permanently suspend probate until after the courts resolve the alleged discrepancies concerning the deceased’s testamentary documents.

Individuals contesting wills must follow Iowa probate procedures precisely when filling caveats or the caveator risks the courts dismissing their claim and barring them from challenging the will later.

Every will challenge attorney at the Smith Law Firm actively monitors changes in Iowa law to make sure their client’s case is on solid footing from the outset.

Contesting or Defending Wills in Iowa

Will contest attorneys must first scrutinize both physical and circumstantial evidence to determine whether their clients can legally challenge a will or trust.

In doing so, expert probate litigators often direct their evidence gathering efforts on the circumstances present or irregular activity taking place near or around the end of the decedent’s life, such as:

Evidence of estate planning by someone other than the decedent’s attorney.
Significant changes in distribution of property from the previous testamentary documents to the new ones.
Presence of dementia or otherwise cognitively impaired incapacities in testators.
Proof that a caretaker or another with influence over the decedent towards the end of life received most of his or her assets.

Existence of one or more of the above conditions often prompts dispute attorneys to accept the case and to commence forming diligent legal arguments using their legal expertise and case law precedent to attack or defend testamentary documents in court.

It’s in those arguments where challengers claim the will does not reflect the deceased’s actual intent and where they establish grounds for the court to dismiss the will in controversy.

Common legal grounds for challenging a will’s validity in Iowa probate court include:

Testamentary Capacity
Improper Execution
Undue Influence
Probate Fraud
Existence of an Earlier Will

Learn More

It’s also important to mention that even if interested parties prove and win their actions, it doesn’t necessarily mean they’ll inherit the decedent’s property.

If the courts invalidate a will, and if no earlier testamentary document exists, the decedent’s estate assets will move to state probate where state-mandated transfer rules will mandate who inherits property and who does not.

Will Contest

Testamentary Capacity

Caveats that claim testators lacked the mental capacity to form a valid will at the time of execution. Mere presence of insanity or delusion alone doesn’t prove incapacity. The burden therefore lies with the caveators to prove the decedent was not of sound mind and was unfit to understand the property they owned or grasp the consequences of their decisions.

Improper Execution

Testators must observe strict procedural requirements to execute a binding will or trust in Iowa. Caveators often contend testamentary documents lack authentic notarized signatures or lack two adult witnesses to attest the will’s signing. The courts will order administrators or executors to exclude wills and trusts that testators executed contrary to estate planning rules and procedures.

Undue Influence

A claim that asserts the testator was not of sound mind when planning his or her estate because another person coerced, pressured or persuaded the decedent to include provisions he or she wouldn’t normally include had the influencer not been present.

Probate Fraud

A challenge that contends the will or trust in controversy is not a true reflection of the testator’s intent because another party has forged the testamentary document or because another party’s fraudulent misrepresentation deceived the testator into signing or changing the will.

Existence of an Earlier Will

Sometimes caveators discover a previous, properly executed will resting within Iowa’s statute of limitations that supersedes the testamentary document in contention. When this happens, interested parties will petition the court to replace the will in controversy with the old one and to shift the testator’s assets to caveator’s executor.

Experienced Caveat and Will Challenge Litigation in Iowa

The Smith Law Firm in Iowa protects and defends the rights of interested parties involved in will challenges.

We recognize that will contest litigation is complex, expensive and emotional for most individuals — and our practice of defending caveat proceedings and winning will challenges has made us the go-to probate litigators in Iowa for resolving all estate matters.

And don’t forget. “It’s Smith Law Firm’s goal to save you time and money by resolving your proceedings out of court or in mediation.”

Has someone placed challenged a will that includes you? Please call the will challenge authorities at the Smith Law Firm in Iowa to discuss how we can help you protect your inheritance.

Making Sense of Caveats,
Will Contests, and Defenses