Wills are meant to leave instructions for the creator’s final wishes, but there are times when the loved ones who are dealing with the estate have a reason to believe that the will isn’t valid. That can trigger a challenge to the will. This is a serious matter that’s handled through estate litigation.
Contesting a will isn’t something that just anyone can do. Instead, the person who challenges it has to be an interested party, and they have to have a valid reason. Understanding a bit about these points is beneficial for anyone who may need to challenge a will.
Who is an interested party?
An interested party is someone who is named in the current version of the will, someone who was named in a previous version of it or someone who would have been an heir if the decedent had died without a will. Even if someone else has a reason to believe that the will didn’t accurately reflect the wishes of the creator, they can’t challenge the will.
What is a valid reason to challenge a will?
A will challenge is only possible if there’s a valid reason. These are limited, but include claims of undue influence or lack of mental capacity. Fraud, forgery and improper execution of the will are also possible reasons for a person to challenge a decedent’s will.
Will challenges can be complex, partly because they can sometimes put family members on opposite sides of the challenge. It’s critical to understand what the process entails and the possible outcome of the challenge before taking this step. This can ensure that an informed decision is made about the matter.