1. Home
  2.  → 
  3. Firm News
  4.  → Only certain parties may challenge a will

Only certain parties may challenge a will

On Behalf of | Jun 22, 2020 | Firm News |

It may be possible for an individual to contest a will assuming that he or she has standing to do so. Florida state law generally allows those who would have been entitled to an inheritance if an individual died without a will to mount such a challenge. In most cases, spouses, children and grandchildren are the first to inherit assets from an individual who dies intestate. Siblings, parents and other distant family members would likely be next in line to collect from a person who died intestate.

Those who were named as a beneficiary in a previous will may also have standing to challenge a will. This is generally true if that individual was removed from a revised will or had his or her inheritance reduced after revisions to a will were made. An executor or trustee who is left out of a future will may be able to contest its validity.

It is important to note that the party challenging the will must show that it is invalid. If the will can still be considered valid, it will likely be allowed to stand even if it fails to provide for a close friend or family member. In most cases, those who were not named in a will or who were minors when a person passed generally can’t challenge its validity.

An estate planning attorney may be able to help a person craft a will designed to withstand a legal challenge. In some cases, it may be possible to include language that forbids beneficiaries or others from casting doubt upon its validity. A legal professional may also work with an executor in the event that a lawsuit is filed by a family member who believes that he or she should receive an inheritance.



Photo of Jennifer D. Sharpe