Anger and discontent might follow the release of a will’s directives if individuals left out of the will think they were unfairly left out. Sometimes, a testator chooses to write a relative out of the will, or someone wrongly feels entitled. There are instances in which an heir has cause to challenge the will: As long as the interested party has standing, he or she may contest the document.
Concerns about standing and interested parties
Contesting a will involves filing a legal challenge. Not everyone can do so as the parties require standing. A decedent’s close friend may feel that he or she should get something, but the friend would doubtfully have standing. However, the decedent’s children may have standing, and so might a business partner.
Probate involves looking at the interested parties to the estate. All family members may be interested parties, even those not named as beneficiaries in the will. Other entities might lay claim to being interested parties, such as creditors. Several enterprises could seek payment for their debts if the deceased owed money to banks and credit card companies. In addition, a person not in the will could be an interested party if he or she was named in the previous will.
A point about contesting a will
A person who contests a will may find that experiencing displeasure over being left out is anywhere near enough for a successful challenge. Without a valid reason, contesting a will may prove fruitless.
Fraud could form the basis of a legitimate challenge as might credible revelations about mental incapacity. Weak claims, however, may not yield any results.
Will contests and estate litigation might require strong representation in order to successfully claim an inheritance. Interested parties may wish to discuss their options with an attorney.