question.jpgIn Trusts and Estates

Who can challenge a will?

Generally, anyone who has a legitimate financial interest in the probate estate can challenge a will by initiating a will contest. The person’s financial interest must be something more than speculative. Thus, you could not challenge a will just because you were friends with the deceased and think he should have left you something, or because you think that an heir would share their inheritance with you. However, if you were not left anything in the will but would be entitled to something under the state intestacy statutes, you would be in a position to challenge the will (because if you were to succeed, the will would be found invalid and the probate estate would be distributed pursuant to the intestacy statutes, meaning you would get some share of the property).