Not just anyone can challenge a will. They must have proper legal standing and a vested interest in the estate plan. In other words, they need to be affected in some way to have the legal grounds to challenge the details of the plan.
Generally, these individuals fall into four categories:
- Family members – Often referred to as direct heirs or descendants.
- Beneficiaries – People named in the estate plan who are set to receive assets, even if they are not related to the deceased.
- Creditors – Those owed debts by the estate may have the ability to challenge the plan.
- Other third parties – Individuals who have a legal right to some of the property may also file a claim.
As you can see, the potential pool of people who can challenge is relatively small.
Previous beneficiaries
It’s important to note that individuals who were previously named as beneficiaries but were later removed from the estate plan may still have the right to challenge it.
For instance, consider a case where the deceased had a close relationship with their neighbor. If that neighbor was never included in the estate plan, they may be unhappy about it but cannot challenge the plan. However, if they were previously named as a beneficiary and later removed—perhaps to transfer assets to direct family members—they may have grounds to challenge the changes. They might claim that the family members exerted undue influence or falsified documentation to exclude them. They can challenge even though they technically are not in the plan any longer.
Moving forward
Determining who has the legal standing to file a complaint is just the first step in this process. Those involved must ensure they understand all their legal rights and the steps they need to take moving forward.