When a person passes away, it is inevitable that their will goes through the probate court system. A will is a legal document that outlines how a person’s estate should be handled after their death, often naming an executor to manage the estate.
While individuals typically plan their estates with the intention of providing maximum benefits to their family members, there is always a concern that someone may contest the will. This could be a family member or a third party seeking a larger share of the estate, which can create complications for the deceased’s loved ones. Therefore, it is important to be prepared for potential challenges to the will during the probate process.
Challenges to a Will in Probate Court
It is essential for executors to understand who has the legal standing to contest a will. Not everyone in the deceased person’s life can challenge the will under probate law. Only “interested persons” with valid legal reasons can contest a will in probate court.
Beneficiaries: These are individuals named in the will to receive assets from the estate. Beneficiaries, regardless of their relationship to the deceased, can contest the will if they believe the distribution is unfair.
Heirs: Family members or relatives of the deceased have a strong basis for challenging a will in probate court, especially if they have been omitted from the will.
Creditors: In many cases, creditors may challenge a will to claim a portion of the estate. Executors must ensure that any creditor claims are legitimate and legally valid.
Common Reasons for Challenging a Will
Challenging a will in probate court requires valid legal grounds, and there are specific reasons why a will may be contested:
Invalid Signature Procedure: Each state has its own laws regarding how a will must be signed, including requirements for witnesses. Failure to follow these procedures can lead to a will being contested.
Lack of Testamentary Capacity: This refers to the testator’s understanding of their assets and beneficiaries when creating the will. If it can be proven that the testator lacked this capacity, the will may be contested.
Undue Influence: If it is believed that the testator was influenced by someone else when creating the will, it can be contested on the grounds of undue influence.
Dealing with Will Challenges
Handling challenges to a will can be complex and overwhelming for an estate executor. In such situations, it is advisable to seek the assistance of a probate lawyer who has the expertise to navigate these challenges effectively. A probate lawyer can ensure that the probate process proceeds smoothly and can defend against any challenges that may arise in court.
