A will cannot be contested in South Dakota until it is probated. Therefore, even if you have seen a will while the testator is still alive and do not agree with the distribution of the estate, you cannot contest it at that time. You also must have standing to contest a will, which means an interest in the will or estate.

For a claim of undue influence, you must show that someone has taken advantage of the testator's mental state and unfairly influenced or pressured the testator to make a change to the will. Essentially, the testator's ability to exercise his or her free had to have been taken away as a result of this undue influence.

For a South Dakota will contest, you must look at the nature of the relationship between the testator and the person receiving the gift, the role the person played in creating the will, the testator's mental capacity, and the nature of the gift itself.

If you believe that your loved one was unduly influenced while creating or changing a will, contact a Sioux Falls will contest lawyer at Zimmer, Duncan & Cole. Call toll free at (888) 733-2992, and order a copy of our free book, A Step-by-Step Guide to Will Contest Cases: What You Should Know Before You Meet with a Lawyer.