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By: Scott Grossman on October 16th, 2016

People With Standing to Challenge a Will

Has your loved one passed away and left behind a will that you believe may be invalid? If so, you may be considering challenging the will. In order to overturn a will, you must demonstrate that the will was executed under certain circumstances such as fraud, undue influence, or lack of mental capacity. It is important to understand, however, that only certain people have the ability to pursue a will contest claim. This is known as having “standing.”

Parties Who May Have Grounds to Challenge a Will

If you are in one of the following groups of people, you may have standing to pursue a will contest:

  1. You are a named beneficiary.
  2. You would have inherited from your loved one if he or she had died without a will. This is also known as dying “intestate.” Every state has what is known as intestate succession laws that determine who should receive a person’s property if he or she does not prepare a validly-executed will.
  3. You were a beneficiary in a prior version of the will. This will would once again become the valid will of the decedent if the current will is deemed invalid by the court. To determine whether you were a beneficiary of an old will, you will need to obtain a copy of that document. This can sometimes prove to be difficult since older versions of wills are typically destroyed when a new will is executed.

Pursuing a will contest requires the guidance of an experienced legal professional. We have helped many previous clients obtain their rightful inheritance. We encourage you to learn more by checking out our client testimonials today. Give us a call at (888) 443-6590.

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