Will Contest / Caveat Petition

WILL CONTEST / CAVEAT PETITION — DISTRICT OF COLUMBIA

TABLE OF CONTENTS

1. Pre-Filing Investigation Checklist
2. Caveat / Objection to Probate (D.C. Code § 20-353)
3. Verified Complaint to Contest the Validity of a Will (D.C. Code § 20-305; Prob. R. 407)
4. Verification
5. Notice to Interested Persons / Summons
6. Certificate of Service
7. Burden of Proof and Deadlines (District of Columbia)
8. District of Columbia Practice Notes
9. Sources and References

1. PRE-FILING INVESTIGATION CHECKLIST

A. Decedent and Will Background

• ☐ Full legal name of decedent: [________________________________]
• ☐ Date of death: [__/__/____]
• ☐ District of Columbia residence / domicile at death: [________________________________]
• ☐ Date propounded will signed: [__/__/____]
• ☐ Administration / estate number: [________________________________]
• ☐ Date personal representative appointed: [__/__/____]
• ☐ Date of first publication of notice under § 20-704: [__/__/____]
• ☐ Six-month § 20-305 deadline (first publication + 6 months): [__/__/____]

B. Capacity / Medical Investigation

• ☐ Treating physicians for 3 years pre-execution identified
• ☐ Medical, hospital, skilled-nursing, and hospice records ordered
• ☐ Cognitive testing (MMSE / MoCA / SLUMS) located
• ☐ Diagnosis of dementia, delirium, or psychosis identified
• ☐ Capacity expert retained (geriatric psychiatrist / neuropsychologist)

C. Prior Wills and Drafting History

• ☐ All prior wills and codicils located
• ☐ Pattern of dispositions analyzed (sudden change favoring new beneficiary?)
• ☐ Drafting attorney identified and file requested: [________________________________]
• ☐ Attesting witnesses and notary identified and located
• ☐ Self-proving / attestation provisions reviewed (D.C. Code § 18-104)

D. Undue Influence Indicators

• ☐ Vulnerability of decedent (age, illness, isolation, dependence)
• ☐ Influencer's role (caregiver, fiduciary, family member, agent under POA)
• ☐ Confidential relationship established
• ☐ Active procurement of the will by the proponent
• ☐ Inequitable / unnatural result

E. Standing

• ☐ Contestant's interest documented as an "interested person" (D.C. Code § 20-101(d)) — heir, legatee under a prior will, or person who would take in intestacy
• ☐ Pecuniary impact quantified
• ☐ Propounded will reviewed for in terrorem / no-contest clause

2. CAVEAT / OBJECTION TO PROBATE (D.C. CODE § 20-353)

2.1 CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

PROBATE DIVISION

ADMINISTRATION NO. [________________________________]

CAVEAT AND OBJECTION TO PROBATE OF WILL (D.C. Code § 20-353)

[CAVEATOR'S NAME] ("Caveator"), an interested person within the meaning of D.C. Code § 20-101(d), objects to the admission to probate of the purported will of [DECEDENT'S NAME] dated [__/__/____] (the "Propounded Will") and states:

1. Caveator is the [relationship — e.g., surviving spouse / child / heir / legatee under a prior will dated __/__/____] of the decedent and would be adversely affected in a pecuniary interest by admission of the Propounded Will.

2. Caveator demands strict proof of the due execution and validity of the Propounded Will and objects to its admission to record on the grounds set forth below, each pled in the alternative.

3. Lack of testamentary capacity (D.C. Code § 18-102). At the time of execution the decedent was not of sound mind and lacked capacity to understand the nature of the testamentary act, the nature and extent of the decedent's property, or the decedent's relationship to the natural objects of the decedent's bounty. [State facts.]

4. Undue influence. The Propounded Will is the product of undue influence exercised over the decedent by [ALLEGED INFLUENCER]. [State facts.]

5. Fraud / duress. [State facts.]

6. Improper execution (D.C. Code § 18-103). The Propounded Will was not in writing and signed by the testator (or by another in the testator's presence and by the testator's express direction), and was not attested and subscribed in the presence of the testator by at least two credible witnesses. [State facts.]

7. Revocation (D.C. Code § 18-109). The Propounded Will was revoked before decedent's death by [a subsequent will or codicil / a writing declaring revocation executed with the same formalities / burning, tearing, canceling, obliterating, or destroying with intent to revoke]. [State facts.]

8. Later or prior valid will dated [__/__/____]. [State facts.]

WHEREFORE, Caveator requests that the Court (a) deny admission of the Propounded Will to probate; (b) require the proponent to prove the will in due form; (c) admit any valid prior or later will dated [__/__/____], or determine that the decedent died intestate; and (d) grant such further relief as is just.

Date: [__/__/____]

[________________________________]
[ATTORNEY NAME, D.C. Bar No.]
Attorney for Caveator

3. VERIFIED COMPLAINT TO CONTEST THE VALIDITY OF A WILL (D.C. CODE § 20-305; PROB. R. 407)

3.1 CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

PROBATE DIVISION

ADMINISTRATION NO. [________________________________]

VERIFIED COMPLAINT TO CONTEST THE VALIDITY OF WILL (D.C. Code § 20-305; Super. Ct. Prob. R. 407)

[PLAINTIFF'S NAME] ("Plaintiff"), by undersigned counsel, brings this verified complaint to contest the validity of the will of [DECEDENT'S NAME] and alleges:

3.2 PARTIES, JURISDICTION, AND TIMELINESS

3.2.1 Plaintiff [NAME] resides at [ADDRESS] and is an "interested person" within the meaning of D.C. Code § 20-101(d) as the [relationship — e.g., surviving spouse / child / heir / legatee under a prior will dated __/__/____] of the decedent. Under § 20-101(d)(1)(D), an heir is an interested person for purposes of contesting the validity of the will.

3.2.2 Decedent [NAME] died on [__/__/____], domiciled in the District of Columbia, and the Probate Division of this Court has jurisdiction over the administration of the estate.

3.2.3 A purported will dated [__/__/____] (the "Will") was [offered for probate / admitted to probate / admitted to record] on [__/__/____], and [PERSONAL REPRESENTATIVE] was appointed personal representative on [__/__/____].

3.2.4 Notice of the appointment was first published under D.C. Code § 20-704 on [__/__/____]. This Complaint is filed within 6 months following that notice, as required by D.C. Code § 20-305, and is therefore timely.

3.2.5 Plaintiff gives notice of this Complaint to all interested persons as required by D.C. Code § 20-305, as set forth in the Certificate of Service.

3.3 GROUNDS FOR CONTEST

Plaintiff contests the validity of the Will on the following grounds, each pled in the alternative:

COUNT I — Lack of Testamentary Capacity (D.C. Code § 18-102). On [__/__/____], the date of execution, the decedent was not of sound mind. The decedent was [age] years old and suffered from [diagnosis — e.g., advanced Alzheimer's disease, vascular dementia, delirium], and was unable to (a) understand the nature of the testamentary act, (b) know the nature and extent of the decedent's property, or (c) recall and understand the decedent's relationship to the natural objects of the decedent's bounty. [State facts.]

COUNT II — Undue Influence. The Will is the product of undue influence exercised over the decedent by [ALLEGED INFLUENCER], who occupied a confidential relationship with the decedent and actively procured the Will by [isolating the decedent / controlling the decedent's care, finances, and advisors / hastening or supervising execution / selecting the drafting attorney], producing a disposition contrary to the decedent's true intent and conferring an undue benefit on the influencer. [State facts.]

COUNT III — Fraud / Duress. The Will was procured by [fraud in the execution / fraud in the inducement / duress] in that [ALLEGED INFLUENCER] [misrepresented the contents or nature of the document / induced the decedent by threats or coercion]. [State facts.]

COUNT IV — Improper Execution (D.C. Code § 18-103). The Will is void because it was not (a) in writing and signed by the testator, or by another person in the testator's presence and by the testator's express direction; and (b) attested and subscribed in the presence of the testator by at least two credible witnesses, as required by D.C. Code § 18-103. [State facts.]

COUNT V — Revocation (D.C. Code § 18-109). The Will was revoked before the decedent's death by [a subsequent will or codicil expressly or by inconsistency revoking it / a writing declaring an intention to revoke executed with the same formalities as a will / burning, tearing, canceling, obliterating, or destroying the Will by the decedent, or by another in the decedent's presence and by the decedent's direction, with intent to revoke]. [State facts.]

COUNT VI — Later Valid Will. The decedent executed a later will dated [__/__/____] that revokes the Will and is entitled to probate. [State facts.]

3.4 PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that this Court:

A. Adjudge the Will dated [__/__/____] invalid and deny it admission to probate, or revoke its prior admission to record;

B. Admit to probate the valid prior or later will dated [__/__/____], or adjudge that the decedent died intestate;

C. Revoke the letters of the personal representative and appoint [PROPOSED ADMINISTRATOR] as administrator of the estate;

D. Restrain further distribution of the estate pending resolution of this contest;

E. Award costs as allowed by law; and

F. Grant such other relief as is just.

Date: [__/__/____]

[________________________________]
[ATTORNEY NAME, D.C. Bar No.]
[FIRM / ADDRESS / TELEPHONE / EMAIL]
Attorney for Plaintiff

4. VERIFICATION

DISTRICT OF COLUMBIA, ss:

I, [PLAINTIFF'S / CAVEATOR'S NAME], being first duly sworn, state that I am the [Plaintiff / Caveator] in the foregoing pleading, that I have read it, and that the matters stated in it are true of my own knowledge, except those matters stated on information and belief, and as to those matters I believe them to be true.

[________________________________]
[SIGNATURE]

SUBSCRIBED AND SWORN TO (or affirmed) before me on [__/__/____].

[________________________________]
Notary Public, District of Columbia
My commission expires: [__/__/____]

(SEAL)

5. NOTICE TO INTERESTED PERSONS / SUMMONS

TO: The personal representative, all legatees under the Propounded Will, the heirs of the decedent, and all other interested persons.

PLEASE TAKE NOTICE that the [Caveat and Objection to Probate / Verified Complaint to Contest the Validity of Will] in the above-captioned estate has been filed in the Probate Division of the Superior Court of the District of Columbia. You are required to file a written response with the Register of Wills and serve a copy on the undersigned within the time prescribed by the Superior Court Probate Division Rules and any Order of Notice or summons issued by the Court. If you fail to respond, the Court may grant the relief requested without further notice.

Date: [__/__/____]

[________________________________]
[ATTORNEY NAME, D.C. Bar No.]
Attorney for [Plaintiff / Caveator]

6. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing, together with notice to all interested persons as required by D.C. Code § 20-305, was served on the following persons by the method indicated:

[________________________________]
[SIGNATURE OF SERVER / ATTORNEY]

7. BURDEN OF PROOF AND DEADLINES (DISTRICT OF COLUMBIA)

7.1 Deadlines

• Caveat / objection before admission (§ 20-353). An interested person may caveat and object to probate before the will is admitted to record. The notice of appointment form under § 20-704 invites "all persons having any objection to such appointment (or to the probate of the decedent's will)" to file with the Register on or before 6 months from first publication.
• Verified complaint to contest validity (§ 20-305). "Except as provided in section 20-353(b), any person may file a verified complaint to contest the validity of a will within 6 months following notice by publication of the appointment or reappointment of a personal representative under section 20-704." The 6-month period runs from the date of FIRST publication. Calculate the deadline carefully and confirm the publication date with the Register.
• Notice to interested persons. The person filing the complaint must give notice to all interested persons (§ 20-305).

7.2 Burden of Proof

The proponent bears the burden of establishing due execution and that the decedent was of sound mind; once a prima facie case of valid execution is made, the contestant carries the burden on undue influence, fraud, duress, and revocation. Confirm the current allocation and standards under District of Columbia case law before trial.

8. DISTRICT OF COLUMBIA PRACTICE NOTES

1. Two vehicles, two timeframes. A § 20-353 caveat opposes the will before admission; a § 20-305 verified complaint contests validity within 6 months after § 20-704 publication. Identify which posture the estate is in before choosing the pleading.

2. The 6-month clock is jurisdictional in effect. Once the § 20-305 period expires, the will is generally conclusive as to validity, subject to the narrow § 20-353(b) exception. Docket the deadline from the first publication date and confirm it with the Register of Wills.

3. Standing — interested person (§ 20-101(d)). An heir ordinarily "ceases to be an interested person once a will has been admitted to probate," but § 20-101(d)(1)(D) expressly preserves heir standing "for the purpose of any proceeding to contest the validity of the will." A legatee under a prior will and a person who would take in intestacy also have standing. Quantify the pecuniary impact in the pleading.

4. Verified pleading required. The § 20-305 complaint must be verified (Super. Ct. Prob. R. 407). Use the Verification with notary in Section 4.

5. Execution standard (§ 18-103). Unlike UPC states, the District requires the two witnesses to attest and subscribe in the presence of the testator; there is no statutory holographic-will or notary-acknowledgment alternative for D.C.-executed wills. A will valid where executed may be honored under § 18-105 / choice-of-law principles; verify.

6. No-contest clauses. Review the propounded will for an in terrorem clause and assess forfeiture risk and any probable-cause exception under District law before filing.

7. Restrain distribution. Filing a contest does not automatically stay administration. Move promptly for an order restraining distribution and, if warranted, for appointment of a special administrator (§ 20-531) where dissipation of assets is a risk.

8. Attorney-client privilege. In litigation between parties claiming through a deceased client, the drafting attorney's file and testimony are generally discoverable; plan to subpoena the drafting attorney's complete file early.

9. SOURCES AND REFERENCES

• D.C. Code § 20-305 — Complaint to contest the validity of a will (6-month limit): https://code.dccouncil.gov/us/dc/council/code/sections/20-305
• D.C. Code § 20-353 — Caveat / objection before admission of will to probate
• D.C. Code § 20-704 — Notice of appointment to interested persons, creditors and unknown heirs: https://code.dccouncil.gov/us/dc/council/code/sections/20-704
• D.C. Code § 20-101 — Definitions (interested person): https://code.dccouncil.gov/us/dc/council/code/sections/20-101
• D.C. Code § 18-102 — Capacity (sound mind; age)
• D.C. Code § 18-103 — Execution of written will; attestation: https://code.dccouncil.gov/us/dc/council/code/sections/18-103
• D.C. Code § 18-104 — Proof of will
• D.C. Code § 18-109 — Revocation of will
• Superior Court Probate Division Rule 407 — Actions to contest the validity of a will (verified complaint)
• Superior Court of the District of Columbia, Probate Division Rules and forms: https://www.dccourts.gov/
• D.C. Bar Probate promulgation materials (Promulgation Order 22-03)