The reasons why someone can object to a will being admitted into probate are:
1. Testator’s lack of competency to make the will.
2. Will was made under duress, menace, fraud, or undue influence.
3. Will was not executed and attested as required by law.
4. Other possible reasons why the will is invalid.
Example: Another will of the Testator is found.
58 OS §41
If anyone appears to contest the will, he must file written grounds of opposition to the probate thereof, and serve a copy on the petitioner and other residents of the county interested in the estate, any one or more of whom may demur thereto upon any of the grounds of demurrer allowed by law in civil actions. If the demurrer be sustained, the court must allow the contestant a reasonable time, not exceeding ten (10) days, within which to amend his written opposition. If the demurrer is overruled, the petitioner and others interested may jointly or separately answer the contestant’s grounds, traversing or otherwise obviating or avoiding the objections. Any issues of fact thus raised, involving:
1. The competency of the decedent to make a last will and testament.
2. The freedom of the decedent at the time of the execution of the will from duress, menace, fraud, or undue influence.
3. The due execution and attestation of the will by the decedent or subscribing witnesses; or,
4. Any other questions substantially affecting the validity of the will must be tried and determined by the court.
On the trial the contestant is plaintiff, and the petitioner is defendant.
58 OS §42
The district court, after hearing the evidence on petitions for the probate of wills, must set forth its findings of fact and conclusions of law in writing and render a judgment based upon such findings, either admitting, or refusing to admit, the will to probate. The judgment and the will must be recorded where the will is admitted to probate.
Brent D. Coldiron has experience on both sides of the will being admitted into probate. He has objected to wills and he has supported the admission of wills into probate. If you have a probate question don’t hesitate to contact Brent at (405) 478-5655 or 737-2244. His offices are located at 1800 East Memorial Road, Suite 106, Oklahoma City and 2801 Parklawn Drive, Suite 503, Midwest City. He has over 42 years experience. He knows what to do!