Can a Will Be Contested in Delaware?

Families often wonder what options exist if a will doesn’t seem fair or doesn’t reflect their loved one’s true wishes. The short answer: yes, a will can be contested in Delaware - but it’s never easy. Courts set a high bar for overturning someone’s final decisions, and challenges usually fall into a few narrow categories.

For a document to qualify as a will, Delaware law requires very little. The standards are so minimal that this type of challenge rarely succeeds. Because the threshold is low, courts almost always uphold a document that appears to follow the basics.

A more common path is to argue that the person who signed the will (called the testator) lacked the mental capacity to understand what they were doing.

• The law doesn’t ask whether the person was generally forgetful or ill.
• The question is whether, at the moment of signing, they understood:
• That they were making a will.
• What property they owned.
• Who they wanted to leave it to.

Proving a lack of capacity usually requires medical records or witness testimony. That’s why wills must be signed before two witnesses - and why having an attorney present matters. Both can later testify about the testator’s state of mind, providing strong evidence if a dispute arises.

Another common claim is that the testator signed the will under pressure, trickery, or coercion. Delaware courts look at several factors when evaluating undue influence:

1. Susceptibility: Was the testator vulnerable because of age, illness, or dependence?
2. Opportunity: Did the influencer have access and time to apply pressure?
3. Motive: Did the influencer stand to gain significantly under the will?
4. Result: Did the final will actually benefit the influencer in a way that suggests manipulation?

All four elements must align for a claim to succeed, and direct evidence - like someone witnessing the pressure - makes the case much stronger.

Challenging a will in Delaware is possible, but it’s rarely straightforward. Courts protect the intentions of the person who made the will, and the burden of proof rests heavily on the challenger.

If you’re facing a situation where you believe a will doesn’t reflect your loved one’s true wishes, it helps to talk it through with someone who understands both the legal standards and the family dynamics at play. Having clear guidance can ease the uncertainty and protect your peace of mind during an already difficult time.