Not just anyone can challenge a will. A person must have proper legal standing to do so. Will contests and estate disputes generally come from a small group of interested parties who have the legal authority to take that step.
This often starts with family members or heirs. These are people who are directly related to the deceased, such as that person’s adult children. Because the outcome of the estate distribution will have a direct impact on them, they may be able to challenge the will if they believe it is fraudulent, was altered through undue influence or contains some other legal issue.
Other beneficiaries
Additionally, people who are not family members may still have standing if they were named as beneficiaries. Anyone listed in the will, or even someone who was removed from a previous version of the will, may potentially have the legal ability to challenge the estate plan. For example, if a beneficiary was originally set to receive a significant inheritance but was removed shortly before the person passed away, they may question whether the deceased truly intended to make that change.
Creditors
Creditors may also have certain rights during probate. The estate executor is generally responsible for paying valid debts and taxes from estate assets before distributing inheritances to beneficiaries. If creditors believe they are not being paid properly, they may be able to challenge aspects of the estate administration process.
Navigating a will contest
One of the first steps in a will contest is determining whether the person bringing the challenge actually has the legal standing to do so. As the case moves forward, everyone involved needs to understand their legal rights and the steps they may need to take.