In many cases, when copies of a will are distributed to beneficiaries, they simply accept whatever the estate plan says. The person who passed away got to make certain decisions or choices about how to distribute their assets, and the family just looks to the estate plan for guidance.
But there are other cases in which people will decide to challenge that plan. They do not agree with how assets were distributed. Maybe they think there were serious issues involved, like undue influence or lack of testamentary capacity. So, who has the right to challenge a will, or can just anyone do so?
Interested parties
No, not just anyone can challenge. Someone who is unrelated to the estate plan may think that it should have been handled differently, but they do not qualify as an interested party and have no say in the matter.
Typically, an interested party is someone who will gain or lose assets because of the estate plan. This includes beneficiaries who are listed in that plan, direct family members like a surviving spouse, and even creditors — after all, debts do have to be satisfied before assets are distributed to beneficiaries, in many cases. Finally, if there is a new version of the will and beneficiaries who were previously listed have been removed, they may also be able to contest the will on the grounds that they are now losing assets they expected to inherit.
Will challenges and other such issues with estate planning and litigation can become very complicated, and involved parties must understand exactly what legal steps to take.