Who Can Challenge A Will? How To Understand 'Standing'
Do you want to contest a will? Challenging a will can be necessary for a variety of reasons, ranging from it being incorrect or invalid to it being the product of undue influence or even incompetence. But only certain individuals can challenge a will in court. Are you one of them? Here is how to find out.
Why You Must Have Legal Standing
A will can't be legally challenged by just anyone. Only those who can demonstrate that they have a legitimate connection to the case and will receive harm or benefit from it have "standing" in court over it.
This means that, while you might be angry that your spouse's sibling left out your kids from their will, you probably don't have the right to contest it yourself because you are neither harmed nor benefited by it. You have no standing in this matter.
Who May Have Standing
So, who does have standing? Primarily, this is immediate family members (often referred to as heirs). The reason is simple. If the will were not in place, state rules would govern who inherits what and how much they get. This means that anyone — spouses, parents, grandparents, children, and siblings — who would normally inherit under the state probate rules can bring the case to court.
Beyond family members, though, anyone named in the will (or a previous will) as a beneficiary likely has standing to contest. Beneficiaries can include relatives, friends, organizations or charities, and even a person's pets. A common scenario for a beneficiary to contest the will is when a newer version changes the terms of a prior version but questions of validity remain.
How You Contest the Will
If you feel you may have the legal standing to challenge a will, begin by getting representation from an experienced probate attorney. Contesting a will can provoke unwanted results such as a "no contest" clause.
First, you and your lawyer will determine what grounds you may have to contest. Common grounds include fraud, undue influence, mental incapacity, and incorrect execution. Depending on which route you take, you may need to provide witnesses, expert testimony, and legal documentation. A lawyer is your best route to building a case that will stand up.
Challenging a will in court can be difficult and emotional. But it may be necessary to ensure that your loved one's true wishes are respected and to protect the future of yourself or your family. Learn more by meeting with a lawyer in your state today.
To learn more, contact a probate attorney.