Some individuals opt to create an estate plan before they pass away. There are times when the people who are left behind might have reason to think that the will has something wrong with it. When this is the case, the person might challenge the will. Very specific criteria must be present for this to happen.
One of these is that the person who challenges the will must have an interest in the will. There are a few ways that this might occur. One of these three must be true:
- The person must be named in the current will.
- They must have been named in a previous will.
- They are named in the state's succession plan for a person who dies intestate.
Without one of these being present in the case, the person can't initiate the challenge. On top of these, there must also be a valid reason for the person to contest the will.
There are a few legal grounds for calling a will into question. One common point is that the person couldn't legally make the will. They might not have had the ability to understand what they were doing, or they might not have been sober at the time they created it.
Another possibility is that the testator was pressured into writing the will in a specific way. Someone may have manipulated the testator to inherit a specific item or piece of property.
There is also the possibility that a will was not executed properly. Such might be the case if there weren't enough witnesses or if other required elements aren't present.
Challenging a will can be a long and complex process. If you are considering this course of action, be sure you are prepared for this.