Discovering the contents of someone’s will can provoke delight in some and sadness or anger in others. Those who receive what they hoped or more than what they hoped will go away content. But those who feel hard done by, overlooked, unloved or cheated may want to mount a challenge.
Only a select few people have the option to do this. Let’s look at who they are.
Do you qualify?
Answering yes to any of the following three questions could mean you have the appropriate “legal standing” to allow you to contest a will.
- Did they name you as a beneficiary in this version of their will?
- Did they name you as a beneficiary in another version of their will?
- Would you stand to inherit something if they did not make a will and state intestacy laws determined the distribution of their estate?
If the answer is no to all three, then you are unlikely to be able to file a contest. In the eyes of the law, you do not have the necessary legal standing. The reason the pool of people is so limited is that it would be burdensome for courts and problematic for families if anyone could contest a will.
Not liking the will is not sufficient grounds to file a contest
Feeling hard done by, overlooked, unloved or cheated are all valid feelings. Yet on their own, they are not valid legal grounds to contest a will. You need to look at why you feel that way. What do you suspect happened for the will to turn out as it did?
If you suspect foul play of some sort or that your loved one was not in their right mind when they made the will, then you may have a chance to contest it. Learning how this might work is an important first step before you disclose your plans to others.
