Estate plans can be challenged by multiple different parties. That said, it is not an option for everyone. Just because someone thinks that an estate plan seems problematic does not mean that they can initiate an official legal challenge. They must be an interested party in order to do so.
So who qualifies as an interested party? This typically just means that they are going to be personally affected by the estate plan. Some examples include:
- Adult children, surviving spouses and other direct family members
- Creditors or lenders who are still owed money at the time of the person’s passing
- Previous beneficiaries who may have been removed from the estate plan
Much of the time, estate plan challenges come from direct family members. It may be siblings who disagree on how money should be split up after their last surviving parent passes away, for example.
What is the reason for the challenge?
Being an interested party is not necessarily enough to successfully challenge an estate plan. The person also has to demonstrate that they have a valid reason to do so. Maybe a creditor believes they have not been paid fairly, for example, or maybe an adult child believes that one of their siblings used undue influence to get themselves a greater percentage of the estate.
Addressing a challenge
When someone does have a valid reason and is an interested party, they may be able to challenge the will. At times like this, it is important for those involved to understand what legal steps to take to address this challenge and find a resolution.