When a person passes away, it is inevitable that their will goes through the probate court. A will is a legal document that outlines how a person’s estate should be handled after their death, often naming an executor to manage the estate.
While individuals typically plan their estate to benefit their family members, there is always a concern that someone may contest the will, seeking a larger share of the estate. This can create difficulties for the deceased’s family members during the probate process.
In this article, we will explore who has the ability to challenge a will in probate court and the grounds on which they can do so. We will also discuss strategies for addressing challenges to a will in a calm and organized manner.
Individuals Eligible to Challenge a Will in Probate Court
As an executor, it is important to understand who has the legal standing to contest a will. Not everyone connected to the deceased can challenge the will; only “interested persons” with valid legal reasons can do so under probate law. Let’s examine who can contest a will in probate court.
Beneficiaries: Beneficiaries are individuals named in the will to receive assets. They have the right to contest the will if they believe the distribution is unfair.
Heirs: Heirs, typically family members, can challenge a will if they have been excluded from it and believe they are entitled to a share of the estate.
Creditors: Creditors may also challenge a will to secure repayment of debts owed by the deceased from the estate.
Common Reasons for Challenging a Will in Probate Court
Challenging a will in probate court requires a valid legal basis; it cannot be done arbitrarily. Here are some primary reasons why a will may be contested:
Invalid Signature Process: Each state has specific requirements for how a will must be signed, such as the presence of witnesses. Failure to adhere to these procedures can lead to a will being contested.
Lack of Testamentary Capacity: If it can be shown that the testator did not fully understand the assets and beneficiaries in the will, it may be challenged on the grounds of lack of testamentary capacity.
Undue Influence: If it is believed that the testator was coerced or influenced when creating the will, it can be contested on the basis of undue influence.
Handling Challenges to a Probate Will
Dealing with challenges to a will during the probate process can be complex and overwhelming for an executor. In such situations, it is advisable to seek the assistance of a probate lawyer who has the expertise to navigate these challenges effectively.
A probate lawyer can ensure that the probate process proceeds smoothly and can defend the will against any challenges that arise. By enlisting the help of a legal professional, executors can protect the deceased’s wishes and ensure a fair distribution of the estate.
