Not just anyone can challenge a will. Only certain people have the correct legal standing to do so.
A neighbor or a family friend could think that a will is unfair or inappropriate when it comes to a deceased person’s grieving family, but that does not matter. They do not have the legal standing to challenge that will. The law significantly restricts who is allowed to actually start a will contest.
3 key examples
The first group of people who can usually challenge a will are direct heirs and family members. If an elderly person passes away, their adult children likely have legal standing to challenge the estate plan. The same could be true for a surviving spouse.
Next, those who will be impacted by the estate plan, such as its beneficiaries, often also have standing to challenge that will. They do not have to be family members, but simply individuals who are named in the estate plan. The same can be true for someone who was removed from a previous version of a will.
Finally, creditors may be able to challenge an estate plan. If a creditor is still owed a significant amount of money, but those assets are instead being given to certain beneficiaries, they may challenge that distribution on the grounds that the debt has to be paid off first.
Addressing a will challenge
The first step in a will challenge is just determining if the person bringing it has legal standing to do so. As the case moves forward, it is important for those involved to know how to address the challenge and what legal steps to take. Seeking legal guidance can help.
