If your loved one passed and you were a named beneficiary in an earlier version of their will, but not the most current version, you may wonder whether you are legally entitled to challenge the will.
In short, the answer is yes.
Here are the details you should know about:
You Must Have Legal Standing to Contest a Will
You cannot contest your loved one’s will just because you do not like how the assets are to be distributed. You may only contest a will (challenge its terms) if you have legal standing.
You may have legal standing if:
- You are a named beneficiary in the decedent’s current will
- You were named in a previous version of the decedent’s will
- You would have been eligible to inherit property if the will did not exist
You Must Have a Valid Reason to Contest a Will
However, it is important to keep in mind that you not only need legal standing to challenge a will, you also need a valid reason for contesting the document. The following are some reasons to contest a will:
- The testator was mentally incompetent
- The testator was under undue influence
- The will does not meet statutory requirements
- There is a more recent version of the will
- The will is unfinished
If you have a valid reason for challenging your loved one’s will, our lawyers at Obenshain Law Group may be able to help you seek the justice you deserve. Give us a call at (540) 318-7360 or fill out an online contact form.