When a person passes away, it is inevitable that their will goes through the probate court. A will is a legal document outlining 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.
Challenges to a Will in Probate Court
It is important for an executor to understand who has the legal standing to contest a will. Not everyone in the deceased’s life can challenge the will; only “interested persons” with valid legal reasons can do so under probate law.
Beneficiaries: Those named in the will, known as beneficiaries, have the right to contest the will if they are dissatisfied with its provisions, regardless of their relationship to the deceased.
Heirs: Family members or relatives of the deceased, known as heirs, can also challenge a will in probate court, especially if they have been omitted from the will.
Creditors: Creditors may challenge a will to claim a portion of the estate, making it essential for the executor to verify the legitimacy of their claims.
Common Reasons for Challenging a Will
Challenging a will in probate court requires valid legal grounds, such as:
Signature Procedures: Each state has specific requirements for signing a will, including the presence of witnesses. Failure to follow these procedures can lead to a will being contested.
Lack of Testamentary Capacity: If it can be proven that the testator did not fully understand their assets and beneficiaries when creating the will, it may be challenged.
Undue Influence: A will can be contested if it is believed that the testator was influenced by someone else when creating it, especially in cases of diminished mental capacity.
Dealing with Will Challenges
Handling challenges to a will can be complex, requiring the expertise of a probate lawyer. Attempting to navigate these situations alone can lead to mistakes and potential loss in court. A probate lawyer can manage the process effectively and ensure that any challenges are addressed and resolved in court.
