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Who can challenge a will?

On Behalf of | Apr 17, 2021 | Wills & Trusts |

A will is an important document that states a person’s final wishes. If someone thinks that a will may be invalid, there is a process that allows them to contest the will. In Kentucky, only certain parties have standing to contest a will.

Who has standing to contest a will in Kentucky?

The parties who have standing to contest a will in Kentucky include:

  • Beneficiaries – the parties named in the will
  • Previous beneficiaries – someone who is not named in the current will who was named in a prior will
  • Intestate heirs – someone who would stand to receive property from the estate if the person did not have a will
  • Others – anyone who is negatively impacted by the court accepting the will

Challenging a will

Challenging a will happens in probate. Once a person shows that they have standing, they may file a complaint and submit it to the appropriate court. Common situations where a party may challenge a will in an estate challenge is when the document states something much different than previous versions or where there is evidence of undue influence. Other circumstances may be where a party suspects that the will is a forgery or if the party who creates the will did not have the mental capacity to execute it.

Preparing a will challenge

Preparing a will challenge begins with understanding who can challenge a will. Proving that a will is invalid through probate requires careful presentation of evidence in a way that is admissible under the court requirements. When a person has standing, they may bring evidence to the court and ask the court for an alternate distribution of property. A party may work with an attorney in order to present their case.