• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Parman & Easterday

Oklahoma Estate Planning Attorneys

Call Now: (405) 843-6100 |
(918) 615-2700

Attend an Education Program-Oklahoma City Area Attend An Education Program in the Tulsa Area
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • What Our Clients Say
  • Estate Planning
    • Asset Protection
    • Business Succession Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Powers of Attorney
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration and Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law
    • Emergency Medicaid
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • Asset Protection Worksheet
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Edmond Elder Law
        • Oklahoma City Elder Law
        • Overland Park Elder Law
        • Yukon Elder Law
      • Medicaid
      • Nursing Home Resources
    • Estate Planning
      • An Overview of Estate and Gift Taxes
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s FAQs
      • Asset Protection Planning
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Inheritance Planning for Minors
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Nursing Home Asset Protection
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • Probate Checklist
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Probate Resources
      • Midwest City Probate
      • Moore Probate
      • Oklahoma City Probate
      • Overland Park Probate
    • Published Books
    • Pre Consultation Form
  • Communities We Serve
    • Edmond
    • Midwest City
    • Moore
    • Norman
    • Oklahoma City
    • Yukon
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
Home » Wills and Trusts » Contesting a Deathbed Will

Contesting a Deathbed Will

February 6, 2020 by Larry Parman, Attorney at Law

Oklahoma City probate attorney

Although every estate is unique, one of the motivations for creating an estate plan is so that loved ones aren’t faced with any real surprises during the probate of an estate. What happens though if you learn that a recently deceased loved one made a death bed Will at the last minute that changed the terms of his/her previous Will? Is that Will valid? Can you contest the deathbed Will? An Oklahoma City probate attorney at Parman & Easterday discusses contesting a deathbed Will.

What Exactly Is Meant by a “Deathbed” Will?

For most people, a Last Will and Testament serves as the foundation of their estate plan.  A Will has the ability to distribute a Testator’s entire estate and allows the Testator to decide who will oversee the administration of the estate. Given the important nature of a Will, it should ideally be created under the guidance of an experienced estate planning attorney.  Sometimes, however, an individual purports to create what is referred to as a “deathbed” Will.

Just as the name implies, a death bed Will refers to a Will that is written down and executed (or spoken in the case of an oral Will) when the Testator knows that death is imminent.  It may be that the Testator doesn’t have a Will and doesn’t want to die without one. In that case, the deathbed Will serves as the only Will ever created by the Testator. It may also be the case though that a death bed Will revokes a previously executed Will. When this is the case it often leads to someone challenging the Will because the deathbed Will disinherits a previous beneficiary and/or makes a significant gift to an unexpected beneficiary.

Can I Contest a Deathbed Will?

If you learn that a family member or close loved one created a deathbed Will, can you contest that Will? To answer that question you need to ask several other questions.

  1. Do you have standing? “Standing” is a legal term that refers to your right to bring a legal action. In this case, you must be an “interested person” to initiate a Will contest. Typically, that means you must be a legal heir to the estate, a beneficiary in the current or a previous Will, or a creditor of the estate. If you have standing, you have the legal right to challenge the Will.
  2. Is a deathbed Will ever valid? In Oklahoma, a Will must be in writing (except under very narrow circumstances discussed below) and witnessed by two disinterested witnesses. A handwritten Will can be valid if it has been written in its entirety by the Testator’s handwriting. No witnesses or notaries are required in that case. An oral Will (legally referred to as a “nuncupative” Will) is only valid in Oklahoma when made by a person in military service and in fear of immediate death related to the military service. The estate cannot exceed $1,000 and cannot include real estate. At least two witnesses must be able to establish not only that an oral Will was made, but also the contents of the Will. In short, a deathbed Will can be valid in Oklahoma.
  3. Do you have the legal grounds to contest the Will? Because a deathbed Will is not invalid on its face, you will have to have legal grounds on which to invalid the Will. In Oklahoma, the grounds on which a Will may be declared invalid include:
    • There is a subsequent valid Will
    • Someone exercised undue influence over the Testator
    • The Will is fraudulent or is a product of fraud
    • The Will is ambiguous and be interpreted in more than one way
    • The Testator lacked the requisite testamentary capacity at the time the Will was executed.

The most common grounds used to contest a deathbed Will are lack of testamentary capacity or undue influence. To prove lack of testamentary capacity, you prove that the Testator lacked the ability to understand the value or nature of the assets involved, failed to recognize who should receive those assets, and did not understand the ramifications of creating the Will. Being near death will not be sufficient to prove lack of capacity. Proving undue influence requires you to prove that the Testator was being controlled by another person or influenced by someone to the point that the decisions made in the Will were not his/her own.

Contact an Oklahoma City Probate Attorney

For additional information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about contesting a deathbed Will, contact an experienced Oklahoma City probate attorney at Parman & Easterday by calling 405-843-6100 to schedule your appointment today.

  • Author
  • Recent Posts
Larry Parman, Attorney at Law
Larry Parman, Attorney at Law
Founder and Owner at Parman & Easterday
After helping his own family deal with a lengthy probate and the IRS following his father’s untimely death in a farm accident, Larry Parman made a decision to help families create effective estate plans designed to reduce taxes, minimize legal interference with the transfer of assets to one’s heirs, and protect his clients’ assets from predators and creditors.
Larry Parman, Attorney at Law
Latest posts by Larry Parman, Attorney at Law (see all)
  • Estate Administration 101 - February 2, 2023
  • Why Do You Need an Elder Law Attorney? - January 31, 2023
  • Inheritance Planning for Blended Families - January 26, 2023

Filed Under: Wills and Trusts

Other Articles You May Find Useful

estate plan outline
Address These Questions to Create an Estate Plan Outline (Part 1)
Can I Contest My Husband's Will?
Can I Contest My Husband’s Will?
Trust Administration Tips
Parman & Easterday Trust Administration Tips
Who Should I Appoint as My Executor?
Who Should I Appoint as My Executor?
Questions to Ask Yourself When Creating a Will
Questions to Ask Yourself When Creating a Will
Revocable Trust Advantages
Revocable Trust Advantages

Primary Sidebar

Parman & Easterday, LLP

DOWNLOAD OUR FREE ESTATE PLANNING CHECKLIST

SUBSCRIBE TO OUR BLOG

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Where We Are

OKLAHOMA CITY, OK
13913 Quail Pointe Drive, Suite B
Oklahoma City, OK 73134
Phone: (405) 843-6100
Fax: (405) 917-7018

MAP

parman_sidbr_map

Where We Are

TULSA, OK
Memorial Place 7633 E. 63rd Place
Tulsa, OK 74133
Phone: (918) 615-2700

MAP

parman_sidbr_map

Office Hours

Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 12:00 PM

Footer

footer-logo

The information on this Oklahoma Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Oklahoma City Estate Planning Attorneys at Parman & Easterday offer estate planning services in the Oklahoma City, Oklahoma and surrounding areas. Contact us for help today.

Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2023 American Academy of Estate Planning Attorneys, Inc.
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube