When someone passes away in Kentucky, their estate will go through the probate process. This is designed to ensure the will is valid and that the decedent’s wishes are followed. In most cases, the estate moves through the process and is closed without issue.
There are limited times in which there may be a reason to believe that the will isn’t valid. That could lead to a challenge in court, but it’s important to understand exactly who can contest a will and what situations can lead to this.
The person must have a direct interest in the estate
In Kentucky, the person who’s challenging the will must have what’s known as standing. They must have a direct financial interest in the estate. This typically means that only people who are beneficiaries of the will or those who would inherit property if the decedent died intestate (without a will).
There must be a valid reason
It’s not possible to contest a will just because a person doesn’t like their inheritance. Instead, there must be very specific grounds, which are tangible reasons that could lead to the will being invalid. These include:
- Undue influence over the creator
- Improper execution of the will
- Fraud
- Lack of testamentary capacity
Will contests have to be filed within a specific period (typically two years) from the date of the decedent’s death. These cases can be challenging, and they can lead to rifts in the family. It’s critical that you have someone on your side who can assist you with determining if there is valid legal standing and preparing the case to file.
