YOUR PRIVACY IS IMPORTANT TO US.

Any person interested in an estate may contest a will.

The Probate Code defines "interested persons," in relevant part, to be: children, heirs, devisees, spouses, creditors, or any others having a property right in, or claim against, the estate being administered . . ."

The interest referred to must be a pecuniary one, held by the party either as an individual or in a representative capacity, which will be affected by the probate or defeat of the will. That means you must have a financial interest to contest a will. An interest resting on sentiment or sympathy, or any other basis other than gain or loss of money or its equivalent, is insufficient.

If a person accepts benefits under the will, he may be estopped from contesting the will. To avoid estoppel, the person may have to return the benefits that he received under the will in order to contest it.

If you would like to talk to an estate planning attorney or a lawyer who is familiar with probate law to advise you about a will contest, click on the "Contact Us" tab at the top.

In a recent case, the issue of "interested person" was at issue.  In that case, two wills were offered for probate.  The daughter of the deceased offered a 2002 will for probate.  The executrix of a 2005 will offered it for probate.  The executrix named in the 2005 will was not an heir and she did not benefit from he 2005 or 2002 will.  She also contested the 2002 will. 

The court first found that the 2005 will was not executed with the proper formalities and could not be admitted to probate.  The judge then ruled that the executrix of the 2005 will was not and "interested party" of the 2002 will and could not contest it.  The court then admitted the 2002 will to probate. 

The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, have an inheritance dispute, a property dispute or want information about contesting a will, we can help. Please go to our main site www.theprobate.net and use the contact form to contact us today. We would love to learn about your case and there is no fee for the initial consultation.