Will Contests in Oregon: How They Happen—and How to Prevent Them
Most people assume that once they sign a will, their wishes are locked in.
They’re not.
In Oregon, a will can be challenged in court. And when that happens, what you thought was a clear plan can turn into months of litigation, fractured family relationships, and significant expense.
The good news is that most will contests are preventable. But only if you understand what causes them.
Let’s walk through how will contests work in Oregon, the most common legal grounds for challenging a will, and what you can do now to make yours far more defensible.
What Is a Will Contest?
A will contest is a legal challenge brought after someone dies, asking the probate court to invalidate all or part of the will.
In Oregon, this typically happens after the will has been admitted to probate. An interested party—usually a child, spouse, or beneficiary—files an objection alleging that the will is legally defective.
If the contest succeeds, the court may:
Invalidate the entire will
Invalidate specific provisions
Revert to a prior will
Or apply Oregon intestacy law
That last one is usually the worst-case scenario. If the will is thrown out and no valid prior will exists, the estate is distributed according to Oregon’s default inheritance statutes—not your preferences.
The Four Most Common Grounds for a Will Contest in Oregon
Oregon courts don’t invalidate wills just because someone is unhappy. The challenger has to prove a recognized legal defect.
Here are the four most common claims.
1. Lack of Testamentary Capacity
To create a valid will in Oregon, you must:
Understand that you’re making a will
Know the nature and extent of your property
Know the natural objects of your bounty (who your family is)
Understand how your will distributes your assets
This is not a high bar. But it becomes an issue when someone signs a will during advanced dementia, serious illness, or cognitive decline.
Capacity challenges are especially common when:
The will significantly changes prior distributions
One child is cut out
A caregiver is added as a beneficiary
The will was signed shortly before death
The court looks at medical records, witness testimony, and surrounding circumstances to determine whether capacity existed at the time of signing.
2. Undue Influence
This is the most litigated issue in will contests.
Undue influence occurs when someone exerts such pressure over the testator that the will reflects the influencer’s desires—not the testator’s.
Oregon courts look for suspicious circumstances, including:
Isolation from family
Dependence on the beneficiary
Sudden changes in estate plans
A beneficiary involved in drafting or procuring the will
If a court finds undue influence, the affected provisions—or the entire will—can be invalidated.
3. Improper Execution
Oregon law requires that a will:
Be in writing
Be signed by the testator
Be witnessed by two competent witnesses
If these formalities aren’t followed, the will can fail.
Homemade wills, improperly witnessed documents, or informal amendments are especially vulnerable here.
4. Fraud or Forgery
Rare, but real.
Fraud may involve tricking someone into signing a document they didn’t understand. Forgery involves falsified signatures. These cases are fact-intensive and often involve handwriting experts or forensic evidence.
Why Some Wills Get Challenged More Than Others
Certain situations dramatically increase the risk of a contest:
Blended families
Unequal distributions among children
Late-life remarriage
Caregiver beneficiaries
Sudden changes near the end of life
DIY or online will templates
The more “surprising” the plan appears, the more likely someone is to challenge it.
That doesn’t mean you can’t make unequal gifts or disinherit someone. You absolutely can. But it needs to be done carefully and intentionally.
How to Make Your Will More Defensible
The goal isn’t just to have a valid will. It’s to have a defensible will.
Here are several strategies that significantly reduce the likelihood of a successful contest.
1. Work With an Attorney
This isn’t just about drafting language. It’s about documentation.
When a will is prepared by an attorney:
Capacity is evaluated contemporaneously
Execution formalities are strictly followed
Notes are kept about the signing process
Independence from beneficiaries is documented
That paper trail matters.
2. Avoid Beneficiary Involvement
The person benefiting from your will should not:
Drive you to the appointment
Sit in on planning meetings
Direct the drafting
Handle communications
Even innocent involvement can create the appearance of undue influence.
3. Consider a No-Contest Clause
Oregon allows in terrorem, or “no-contest,” clauses. These clauses state that if a beneficiary challenges the will and loses, they forfeit their inheritance.
They are not bulletproof. Courts won’t enforce them against someone who had probable cause to contest. But they can deter marginal challenges.
4. Keep Your Plan Updated
Outdated wills are fertile ground for disputes.
If your will predates:
A marriage
A divorce
A significant change in assets
A family estrangement
It’s time for an update.
5. Use a Revocable Trust in Higher-Risk Situations
In some cases, a revocable living trust can reduce the likelihood of litigation by avoiding probate altogether. Trust contests are still possible, but the procedural posture is different and often less public.
This is particularly useful in blended family scenarios or high-asset estates.
A Quick Word About Disinheriting Someone
You can disinherit a child in Oregon. But you need to do it explicitly.
Simply omitting someone can invite litigation. Clear language stating that you intentionally leave no provision for that person reduces ambiguity.
If you expect tension, it’s also worth discussing documentation strategies with your attorney.
The Real Cost of a Will Contest
Will contests are expensive. Attorney fees come out of the estate or from the parties directly. Emotions run high. Family relationships fracture.
Even if the will ultimately stands, the process can consume time and money that you intended for your beneficiaries.
The better strategy is prevention.
The Bottom Line
Most will contests don’t arise because someone was evil. They arise because the planning was loose, informal, outdated, or poorly documented.
A properly drafted estate plan—done with clarity, independence, and careful execution—dramatically reduces the risk of a successful challenge.
If your estate plan would surprise someone, exclude someone, or significantly depart from expectations, it’s especially important to get it right.
At Track Town Law, I build estate plans designed not just to pass assets, but to withstand scrutiny. That includes clear drafting, proper execution, and strategies tailored to Oregon law.
If you’d like to review your current plan—or create one that’s far less likely to unravel in court—you can schedule a free consultation here:
https://www.tracktownlaw.com/book-now
You can also review flat-fee estate planning options here:
https://www.tracktownlaw.com/pricing
Estate planning isn’t just about what happens when you’re gone. It’s about making sure your plan actually holds up when it matters.
