Who can challenge a will?

On Behalf of | Apr 9, 2021 | Trust And Probate Litigation, Will and Trust Contests

During will contests, relatives may have questions regarding whether they count as an interested party. It is often easier said than done to determine all interested parties since this number could be significantly higher than the testator of the will realized. The interested parties could be the people listed in the last will and testament, but there could be additional individuals who fit this qualification. If you’re a California resident preparing your will, you can make things easier for your loved ones by clearly indicating which relatives you’d like to take over your estate.

Who are the interested parties in a will?

Generally, all of the relatives of the decedent are interested parties even if they are not listed as beneficiaries in the last will and testament. This means all surviving relatives of the decedent are considered interested parties. Of course, any other individuals who are listed in the current will submitted for probate are also interested parties.

What about previous wills?

Any individuals listed in a previous will could be interested parties as well and reserve the right to be privy to will litigation. When a will is contested, the individual petitioning the will must distinguish between the individuals listed on any will document of the decedent and additional relatives who are not mentioned in the will.

It is vital that the people entitled to inherit assets are clearly outlined in the will. The individuals outlined in the will should be notified as soon as possible so that they can choose whether or not to participate in will-related litigation proceedings. A California estate lawyer may assist you with composing a will and including the appropriate family members in the will to prevent litigation among your heirs.