My best friend died recently, leaving all her money to charity — now her estranged brother is trying to contest her will. Can I stop him?

Fortunately, Anya left behind a will that outlined her last wishes, including a charitable bequest to the American Cancer Society (1). While she bequeathed items of sentimental value to her closest friends, the bulk of her estate would go to ACS.

Years ago, Anya updated her will to disinherit her brother after they’d had a falling out. Now, as her only living relative, he feels entitled to a portion of her estate and is contesting the will.

Sophie is worried that her friend’s final wishes won’t be honored, and is wondering if Anya’s brother has any legal claim to the estate.

Does a will protect your wishes?

About one in four Americans have a will and just 13% have a living trust, according to Caring’s 2025 Wills and Estate Planning Study. In cases where there isn’t a will, state intestacy laws make decisions on the deceased’s behalf (2).

If you do have a will, you might assume that it fully protects your final wishes. But, in reality, wills can still be contested, especially when close family members are involved.

A will specifies how assets will be distributed, including bequests such as heirlooms or charitable donations. But when someone contests a will, they’re petitioning the court to invalidate the will so assets can be distributed differently.

Not just anyone can contest a will. To do so, they need “legal standing,” which means they’re a current or past beneficiary, an heir-at-law (spouse, child or next of kin) or a creditor. To win, they’ll need to prove specific legal grounds.

For example, they may argue that the testator (the person who made the will) was mentally or physically incapacitated, the will was signed under undue influence, duress or fraud, or the will was improperly executed.

Anya’s brother, who is an heir-at-law and past beneficiary (before he was disinherited) has legal standing to contest the will, but he’ll still need to prove his case. This will be hard to do, unless Anya’s will was improperly executed (which means it doesn’t meet legal signing and witnessing requirements).

But without safeguards in place, the distribution of assets can be significantly delayed during probate (the court-supervised process of distributing assets) and litigation can deplete the estate’s value. Worst-case scenario, the deceased’s assets can be distributed in ways they never intended.

How to protect your will from being contested

That’s why creating a valid will (and keeping it updated), designating beneficiaries and choosing a trusted executor — as well as planning for potential family conflict ahead of time — can save a lot of headaches down the road.

If you’re worried about family conflict, consider including a no-contest (also known as in terrorem) clause in your will. So, if a beneficiary challenges the will, they forfeit whatever they’ve been left in the will. They can still contest the will, but if they’re unsuccessful, they would lose everything.

However, many states limit the enforceability of these clauses (and in some states, like Florida, they’re unenforceable). That’s why ‘intent’ is so important.

“In deciding the enforceability of in terrorem clauses, courts will interpret the will as a whole to ascertain the intent of the testator. As a result, a challenge to a will, even in the face of an in terrorem clause, will succeed if the challenge is consistent with the intent of the testator in drafting their will,” according to the Legal Information Institute (2).

If you’ve disinherited someone — or don’t want an heir-in-law to lay claim to your assets — you can clearly state this in your will. You can also document your mental competency prior to signing the will (via a medical professional) and ensure the presence of impartial witnesses during the signing. You can also ask your lawyer to be present.