Estate litigation arises when disputes about a deceased person’s estate cannot be resolved without court intervention. These cases involve some of the most difficult conflicts families face, combining grief with legal complexity and often pitting family members against one another over matters of significant financial and personal consequence. At Tollison & Webb P.A., we handle estate litigation throughout Mississippi with a depth of experience that goes well beyond routine probate practice. Our attorneys have litigated estate matters through the appellate courts, including cases involving matters of first impression that have shaped Mississippi estate law, and have prevailed in many of them.

Will Contests

Will contests are the most common form of estate litigation we handle. A will contest is a legal challenge to the validity of a will filed in Chancery Court during the probate proceeding. The most common grounds for contesting a will in Mississippi are lack of testamentary capacity, undue influence, fraud, and improper execution.

Lack of Testamentary Capacity

To execute a valid will in Mississippi, the testator must be of sound mind at the time of signing. This means they must understand the nature and extent of their property, know who their natural heirs are, understand what a will is and what it does, and appreciate how these elements relate to one another. A will executed by someone suffering from advanced dementia, Alzheimer’s disease, or another condition that impaired their understanding of these elements may be challenged on capacity grounds. We represent both parties contesting a will on capacity grounds and estates defending the validity of a will against such challenges.

Undue Influence

Undue influence occurs when a person in a position of power or trust over the testator uses that position to override the testator’s free will and substitute their own wishes for the testator’s in the making of the will. It is one of the most common grounds for will contests and one of the most fact-intensive to litigate. Undue influence cases often involve a caregiver, family member, or other person who had close access to an elderly or vulnerable testator in the period leading up to the will’s execution. Evidence of isolation, dependence, and suspicious circumstances around the will’s preparation are all relevant. We have extensive experience litigating undue influence claims on both sides.

Fraud and Forgery

A will may be challenged on grounds of fraud when the testator was deceived into signing a document they did not understand to be a will, or when they were given false information that caused them to change their testamentary plan. Forgery claims involve challenges to the authenticity of the testator’s signature. These cases require careful forensic and evidentiary analysis and we handle them with the thoroughness they demand.

Improper Execution

A will that does not meet Mississippi’s formal execution requirements, including the signature of the testator and two witnesses, may be challenged on those grounds. Execution defects are sometimes raised alongside other grounds for contest and can be determinative when the procedural requirements were clearly not met.

Other Estate Litigation We Handle

Executor and Administrator Misconduct

Executors and administrators have fiduciary duties to the beneficiaries of the estate. When an executor mismanages estate assets, engages in self-dealing, fails to account for estate property, or otherwise breaches their fiduciary duties, beneficiaries have legal recourse. We represent beneficiaries seeking to hold executors accountable and pursue removal, surcharge, and other remedies available under Mississippi law.

Heirship and Intestacy Disputes

When a person dies without a will, disputes can arise about who qualifies as an heir under Mississippi’s intestacy laws. These disputes may involve questions of paternity, adoption, the validity of a marriage, or competing claims among family members. We handle heirship disputes in Chancery Court and represent clients whose inheritance rights are being contested.

Creditor Claims and Estate Debt Disputes

Creditors of a deceased person may file claims against the estate during probate. Disputes can arise about the validity of a creditor’s claim, the priority in which claims should be paid, and whether estate assets are sufficient to satisfy all claims before distribution to beneficiaries. We represent both estates disputing creditor claims and creditors whose valid claims are being improperly denied or delayed.

Trust Litigation

Disputes involving trusts, including challenges to a trust’s validity, claims of trustee misconduct, disputes among beneficiaries about distributions, and questions about the interpretation of trust terms, are handled in Chancery Court. Trust litigation presents many of the same issues as will contests and executor misconduct claims but within the trust framework. We represent trustees, beneficiaries, and other interested parties in trust disputes.

Appellate Experience

Estate litigation does not always end in the trial court. When significant legal questions are at stake, cases proceed to the Mississippi Court of Appeals or the Mississippi Supreme Court. Our attorneys have handled estate litigation on appeal, including cases involving matters of first impression where no prior Mississippi authority existed on the legal question at issue. We have prevailed in these cases and in doing so have contributed to the development of Mississippi estate law. That appellate experience informs how we approach estate litigation at every level, from the initial pleadings through trial strategy and, when necessary, appeal.

Frequently Asked Questions

How long do I have to contest a will in Mississippi?

Mississippi requires that a will contest be filed within a specific period after the will is admitted to probate. The deadlines in this area are strict and missing them can bar your claim entirely regardless of its merits. If you believe you have grounds to contest a will, contact an attorney as soon as possible after learning the will has been filed for probate.

What does it take to prove undue influence in Mississippi?

Proving undue influence requires demonstrating that the influencer had the opportunity to exert influence over the testator, that the testator was susceptible to that influence, that the influence was actually exerted, and that it resulted in a will that reflects the influencer’s wishes rather than the testator’s own. Mississippi courts look at the totality of the circumstances, and these cases are won or lost on the quality of the evidence. Early investigation and preservation of evidence is critical.

Can I challenge a will if I was left out of it entirely?

Being disinherited does not by itself give you grounds to contest a will. You must have both legal standing, meaning you would have inherited under a prior will or under intestacy if the current will is invalidated, and valid legal grounds for the contest such as lack of capacity or undue influence. We evaluate both elements when a client believes they have been wrongfully excluded from an estate.

What if the executor is mismanaging the estate?

Beneficiaries have several remedies when an executor is breaching their fiduciary duties. These include petitioning the court to compel an accounting, seeking a surcharge against the executor for losses caused by mismanagement, and petitioning for the executor’s removal and replacement. The appropriate remedy depends on the nature and severity of the misconduct. We advise beneficiaries on their options and pursue the remedy most likely to protect the estate and the beneficiaries’ interests.

Contact an Estate Litigation Attorney in Mississippi

If you are involved in a will contest, an executor dispute, or any other estate litigation matter, contact Tollison & Webb P.A. to schedule a consultation. We handle estate litigation throughout Mississippi from our office in Oxford.

Call (662) 234-7070 or contact us online.