When you create a will, you likely expect that it will be followed precisely without question. While that’s what happens in most cases, there are times when one or more parties may challenge the will.
One of the most important things for you to remember as you create your will is that there are only limited individuals who can contest the will. These are known as interested parties, and they are the only ones who are allowed to initiate a will contest.
Who are interested parties?
Interested parties are typically people who are named in the will or who would have inherited assets through the state’s intestate laws if you didn’t have a will in place. These can include your spouse, children, parents, siblings and other individuals. Even business partners, friends and charities may be included if they were included in your will.
In order to challenge a will, there must be a valid reason to challenge it. These include if there’s undue influence, fraud or forgery suspected. It may also occur if there are questions about your mental state when you created the will. In some cases, a will may be challenged if it’s improperly prepared or executed.
Challenges to a will can break up families and cause rifts that may not be overcome. While there’s no fully effective way that you can prevent a challenge from happening, you can take steps to ensure you have a comprehensive estate plan in place that minimizes the risk of a challenge happening.