In some cases, an estate executor reads the estate plan, passes out documentation to other family members, and then distributes the assets with no issues at all. Everyone simply accepts the plan as being accurate and takes the inheritance they have been given.
But there are other cases in which people want to challenge that estate plan. They do not think it is accurate or valid. This can lead to long-term litigation involving family members and other beneficiaries, and a court may eventually have to rule to determine how assets should be divided.
But who can issue this type of challenge? Can anyone who thinks that the estate plan is inaccurate decide to turn to litigation?
They need to be an interested party
No, this is not an option for anyone. They need to be an interested party who is connected to that estate plan already and therefore has something to lose or gain.
For instance, people who are removed from a previous version of the will may be able to challenge it because they are losing assets by being removed. Creditors can also challenge the distribution if they allege that debts need to be paid before assets are distributed to beneficiaries.
Most of these challenges, though, will come from beneficiaries who are named in the estate plan or direct family members. And when these people decide to challenge, they also need to demonstrate that there is a valid reason to do so, such as:
- Lack of testamentary capacity
- Undue influence
- Fraudulent documentation
- Mistakes made during the signing and filing of the will
Even when a will is challenged by someone who does have legal standing and can provide a valid reason for that challenge, it can be a very complex legal situation. It is crucial that those involved understand exactly what steps to take and what rights they have.
