In many cases, it is direct family members who will challenge a will. These heirs have standing because they are affected by the estate distribution. For instance, if one adult child receives far less in the estate plan than one of their siblings, they may believe that undue influence led to the unequal distribution, leading them to challenge the estate plan. There are also often conflicts with blended families, where children from multiple parents may debate how an estate should be split up.
But what about people who are not members of the family? Are there any outside parties who could theoretically challenge a will?
Creditors
To begin with, creditors sometimes have the ability to challenge an estate plan. After all, there may be outstanding debts that should be paid by the estate executor. A creditor who is trying to get the money that they are owed may challenge the distribution if they feel that it circumvents that responsibility.
Previous beneficiaries
Additionally, someone who was a beneficiary and was then removed from the estate plan may have the grounds to challenge, even if they are not a family member.
For example, say that an elderly person initially meant to leave $10,000 to their neighbor, who was a close family friend. But they had a falling out near the end of their life, so they removed their neighbor from the will. The neighbor may have the ability to challenge the new estate plan, since they were a previous beneficiary who was removed and thereby lost the financial assets they would have acquired. But they would still have to show a valid reason for that challenge, such as undue influence, lack of testamentary capacity or something of this nature.
It can be very complicated to navigate estate disputes and challenges, so those involved need to know about all of their legal rights.
