An estate plan is generally binding. When someone has put a will in place specifying how they want their assets to be distributed among their beneficiaries, the estate executor’s job is simply to follow those instructions.
However, in some cases, an estate plan may face a challenge or a will contest. An outside party may claim that the will should not be followed for some reason. Perhaps they believe undue influence altered the will, that it is a fraudulent document or that the deceased lacked the testamentary capacity to create the will at the time. These are just a few examples.
That said, not just anyone can contest a will, even if they suspect these issues exist. So, who actually has the standing to do so?
Interested parties who would be impacted by the estate plan
Only individuals who are directly affected by the terms of the will can challenge it. This may include:
- Direct descendants, such as children or grandchildren of the deceased, and other heirs
- Beneficiaries included in the estate plan, whether they are related to the deceased or not
- Beneficiaries who were included in a previous version of the estate plan but were later removed
- Creditors who are owed money from the estate
Part of the process of challenging an estate plan involves proving that the person contesting the will has proper legal standing and a vested interest in the outcome. Only then can they proceed with the legal challenge. This can be a complex process, so all parties need to understand their legal options. Having experienced guidance can help.