Who has legal standing to contest a will?
Not everyone can contest an estate plan. They need to have the proper legal standing.
There are generally two classes of people who have this standing. The first is a person who would have automatically inherited without the estate plan. For instance, someone’s direct descendants may inherit automatically under state law, so they could potentially challenge an estate plan that transfers assets to a third party, as those descendants have something to lose.
Second, estate plans can be challenged by beneficiaries who are either included in the estate plan or were previously in the plan and then removed. This person does not have to be a direct relative.
For example, if someone included their business partner in their estate plan but then removed them six months before passing away, that business partner would have legal standing to challenge the will. However, if the business partner was never included at all, they would likely not have legal standing to challenge the will, even if they assumed they would get an inheritance.
What are some reasons for a challenge?
Will challenges happen for a variety of reasons, and it doesn’t necessarily mean anything illegal occurred. For instance, it is perfectly legal for someone to leave unequal bequests to their children so that they don’t all receive the same portion of the assets. However, this can make a will challenge more likely, as beneficiaries who receive less may claim undue influence or similar issues.
Another reason to challenge a will is if someone is disinherited. For example, they were previously included in the will, but they were later removed or a clause was added stating they would receive nothing.
Often, estate challenges come from family members when external beneficiaries are given assets that those family members expected to receive. For example, if a wealthy person passes away and leaves only 10% of their assets to their children while giving 90% to charity, it’s more likely that one of those direct family members will challenge the will. They may believe the person’s wealth should stay in the family.
How do you respond to a will challenge?
An estate challenge can be complicated for all involved, including family members, beneficiaries and the estate administrator. It is crucial for everyone to know exactly how to respond and what legal steps to take as they work through this process.
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