In order to contest a will, a person must have legal “standing.” Standing is the ability to bring a will contest.
Standing for a will contest is a question of whether a person will be directly affected by the outcome of a will contest. The law of each state sets provides some specific categories of individuals withstanding, including:
(1) Current beneficiaries named in the will;
(2) Prior beneficiaries who were named in a previous version of the will, but were removed in later updates; and
(3) An individual not named in either the current or prior will versions, but who would be able to inherit if the decedent had no will (“intestate”) – this is usually a spouse or biological child
Planning tip: A trust may work better for your situation than a will. Trusts can offer privacy (separation from the public process of probating a will) and better asset protection. If you’d like to learn more about the differences and your options, call our office at 609-580-1044.