Who Can Challenge a Will?

It is feasible to sue a will throughout the probate process, but not everybody can sue to challenge a will.

As an example, you can’t challenge your cousin’s will simply because you think his estate would be better-off in the possession of another family member. You also can’t challenge a will simply because you don’t think you received a fair portion of the real estate or financial institution account or some particular piece of personal property.

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Can You Sue to Challenge a Will through Probate Court?

In accordance to basic probate laws, only “interested individuals” can contest a will, and only for valid legal reasoning.

The Probate Code characterizes “interested individuals” as heirs (relatives), successors, creditors, and other parties that have a property right or claim towards the estate being managed.

Valid legal reasoning to contest a will comprises of:

Incompetence of the deceased person when they created the will
Deceit or someone forcing undue pressure over the testator
Lacking or unfit witnesses
Unclear rems of the will
The presence of a later valid will

Who Has Standing for Contesting a Will?

Whereas laws vary by state, all state laws have requirements that are required to be met before a will challenge taking place. The initial requirement is “legal standing.”

The only individual that has legal standing to contest a will and sue for inheritance is an individual that is:

Appointed in the will
Not a beneficiary but would inherit through the will when a judge declares the will invalid

Standing is the initial requirement to get around to challenge a will. You are required to either prove that you were named in the will (or should’ve been) or prove that you would’ve received something of worth (usually money) if the person had passed away without a will.

Beneficiaries Can Challenge a Will

Who is named a beneficiary of a will? Meaning those named in the will. This can include a living spouse, children, grandchildren, and other family members, but it could also include close friends, spiritual communities, colleges, non-profits, and possibly pets. They have the standing to contest a will.

Heirs Are Able to Contest a Will

Heirs are the most named beneficiaries in wills. They are family members that would inherit even when the deceased had died “intestate” (devoid of a will). They can comprise of spouses, children, parents, grandparents, and brothers and sisters.

Heirs are able contest a will if they were left out of it or were left with an unreasonable portion through the inheritance. They have a standing to contest a will since they would’ve received a portion of the estate through intestate laws.

Minors Are Able to Contest a Will

Minors cannot contest a will until they are no longer a minor. The reason is because minors are not legally able to start legal proceedings. Parents or guardians may start a lawsuit for them.

What Kind of Will Cannot Be Challenged?

Any will can be challenged if you have standing and valid reasonings to challenge it. Nevertheless, it may not be worth challenging a will. For instance, many wills have a “no-contest” provision. This provision says that if a beneficiary or an heir contests a will and are unsuccessful, they are not going to inherit at all. They become disinherited.

No-contest provisions are not imposed in every state:

In several states, if you sue and are unsuccessful, you are still able to get what you would have inherited should you had not sued.
Many states impose no-contest provisions unless the individual bringing the lawsuit has a good cause to sue.

Consult with an estate planning attorney near you to learn how your state probate courts manage no-contest provisions.

What Are the Repercussions of a Will Challenge?

The most obvious repercussion of challenging a will is the expense of going to court. Most people are going to decide to retain a probate litigation attorney to bring a will challenge lawsuit to court. Subject to the extent of the possible inheritance and the convolutedness of the case, the cost of a will challenge may or may not be economical. Your attorney can counsel you on this.

Nevertheless, if the estate is substantial, it may be definitely worth the time and money to contest a will in probate court.

No-Contest Provisions in Wills

When you’re a wills beneficiary and there is a no-contest provision, there is potential that if your lawsuit is unsuccessful, you could become disinherited. Again, that is going to be subject to whether your state imposes no-contest provisions.

When you’re not a wills beneficiary and you sue for an inheritance, the no-contest provision is not going to impact your case since you would not have inherited anything anyway.

Personal Ramifications of Contesting a Will

There could be personal ramifications as well. Loved ones might disagree with your choice to start legal action. They might have differing opinions about the decedent’s mental ability. And, obviously, individuals and organizations with their own financial interests in jeopardy are going to likely disagree with the legal contest.

Have a Probate Attorney Assess Your Possible Estate Lawsuit

Often, it’s not so simple establishing who has standing or reason to contest a will. An estate

Source:

Staff, F. L. (2021, October 28). Who can challenge A will? Findlaw. Retrieved October 13, 2022, from https://www.findlaw.com/estate/wills/who-can-challenge-a-will-.html

Attorney Arizona

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