When someone passes away, their will is supposed to give guidance to their family. It helps to explain what they wanted, especially when it comes to the division of significant assets or family heirlooms.
That being said, there are situations in which people want to contest a will. Maybe they think that it is a fraudulent document or that it was altered through undue influence. Perhaps they claim that the person who wrote the will lacked the testamentary capacity to do so. If someone has a valid concern, who is allowed to contest a will?
Interested parties
Not just anyone can challenge a will. They have to be an interested party who has something to gain or to lose as a result of the execution of that will.
Family members often have legal standing to challenge a will. This could include direct beneficiaries, like adult children or grandchildren and a surviving spouse.
Next, beneficiaries who were removed from previous versions of the will sometimes have standing to contest the new version. Even if they are not a family member, being included and then removed means that they are losing assets they otherwise would have inherited, so they may be able to challenge the will if they think that is being done improperly.
Finally, creditors often count as interested parties. In many situations, the estate executor needs to pay remaining debts before distributing assets to the beneficiaries, so creditors could challenge a plan that does not do so.
A will contest can be legally complex and emotionally difficult for family members. It is crucial that all involved understand their legal options.
