2 important points to know about challenging a will

On Behalf of | Jun 5, 2024 | Estate And Trust Litigation

A person’s estate plan outlines their personalized instructions for what happens to their assets when they pass away. Most wills are made while the creator is sound of mind and body so they understand the implications of what they’re doing. 

There are instances in which people may think that a will isn’t fair or right. It’s possible or specific people to challenge a will, but only certain individuals can do this. Additionally, they must have a valid reason for challenging the will. 

1. Who can challenge the will?

The list of people who can challenge a will is very short. Creditors and those who have claims against the estate can challenge it. Beneficiaries who are named in the current estate plan or who were named in a former one can challenge the will. Finally, an heir, which is someone who would inherit assets if there wasn’t an estate plan, can contest a will. 

2. What are some reasons for challenging the will?

A will can’t be challenged just because someone doesn’t like it. Instead, there has to be a valid reason. This can include factors such as undue influence, missing will components like required signatures or a decline in mental health that meant the person didn’t understand what the will would do. 

Anyone who’s considering challenging a will must ensure they understand how the contest may impact them. Weighing the benefits of the challenge and the ultimate impacts of it may provide a clear decision about taking this action. If they do opt to move forward with the challenge, they should do so swiftly because there are time limits in these cases.