If you write a will, there’s always a chance that someone might contest it. A will challenge can be difficult for your remaining family members to navigate and may arise for various reasons, such as undue influence, fraudulent documentation or changes to an estate plan made without proper mental capacity.
But can anyone contest your estate plan? How concerned should you be that someone might initiate this complicated court process?
They must have legal standing
In reality, most people cannot contest your will. Only those with legal standing can challenge it. Legal standing typically means the individual has something to gain or lose as a result of the estate plan.
- Direct family members: For instance, if your adult children would naturally inherit in the absence of a will, they may have the right to challenge your estate plan if it alters their inheritance rights. If you disinherit one of your children, they can still contest the plan, even though they were excluded.
- Individuals removed from the will: Those who were previously included in your plan but were later removed also have legal standing, even if they are not family members. For example, if you initially included a family friend or business partner in your will but later changed it to transfer assets to direct descendants, the excluded party might challenge the changes.
- Creditors: In some cases, creditors may have standing to challenge an estate plan, particularly if the estate has significant outstanding debt. Creditors may seek to reclaim a portion of the estate’s assets to satisfy those debts.
There are steps you can take to reduce the likelihood of a will contest, such as including a no-contest clause. To protect your wishes and reduce the odds of potential disputes, make sure you understand all the legal options available to you when setting up your estate plan.