Who Can Challenge a Will?

When the estate owner dies, there are only so many individuals that have the capacity to challenge the will he or she leaves behind to include a small circle of the relatives and dependents. Challenges are normally not possible with extended family members that are not part of the proceedings or if the share given is not sufficient.

The parties involved in challenging a will are normally those directly affected by the estate such as the surviving spouse and children. Other dependents on the estate owner may have a stake, but this could depend on the state laws and how close they were to the deceased. Those that should inherit due to blood relation or close dependent relationship may have a valid challenge if the will changed but was not documented with a lawyer. Some paperwork lost before the death may resurface or require a challenge to ensure the inherited items are in line with what the estate owner wanted just before he or she died.

Potential Challengers

If the matter goes through probate, the only individuals that may provide a valid challenge are the interested parties. These potential challengers must have a valid legal reason for issuing the challenge on the will. These parties may include per the Probate Code as children, heirs, devisees, surviving spouses, any involved creditors and if someone has a property right, issues a claim against the deceased or someone administering the estate. An heir does not necessarily need to have a blood tie to the deceased estate owner. Those that challenge usually are in one of three included categories of beneficiaries of a previous will in writing, these individuals of a subsequent documented will or heirs with the estate.

The Contesting of the Will

Most states require certain processes to exist or occur before the challenge may proceed. One primary concern is the standing of those attempting to contest the contents of the last will. Those with standing are generally any named on the will such as a beneficiary or another person that may inherit something or lose something through the will terms or if the challenge succeeds. The standing of those affected is the initial requirement. These individuals must prove that they have standing by inheritance or receiving something from the will to include money or property. Once the standing is known, the process may proceed to the next stage.

The Beneficiaries and Heirs Explained

In the usual situation, all beneficiaries have standing and the ability to challenge the will. This is possible even if the beneficiary is not a blood or married relative of the deceased estate owner. A beneficiary is someone named on the will to inherit something, and this could include anyone connected to the estate owner in any way to include friends, a charitable organization the person loved or worked with, pets and someone without any association to the family. The estate owner could leave his or her business to a manager that the family does not know. He or she may leave a large portion of money and certain stipulations to a beloved pet.