question.jpgIn Trusts and Estates

What happens if a will is successfully challenged?

When a will is successfully challenged in a will contest, the court will often rule that the will is invalid in its entirety. As such, unless there is a legally valid earlier will, the deceased will be treated as having died intestate, and the state intestacy statutes will dictate how his or her property is distributed. In some other situations, the court may only find it necessary to invalidate and set aside one portion of the will, if the cause of the challenge is tied to only one section or provision of the will.