If you believe the will of a friend or loved one should not be considered valid by the court - usually because you believe a person exercised undue influence over the testator in drafting the will - can you challenge it?

A person cannot challenge a will's probate simply because they believe that the will is legally invalid. In order to challenge the will, prior to presenting any argument regarding the will at all, a person must show that he or she has standing - a legal right - to challenge the will. While standing can be much trickier in some other areas of law, it's pretty straight-forward in the case of wills. To have standing to challenge a will, you must either a) be injured by the probate of the will, or b) benefit by the will not being probated.

These rules prevent legal strangers from entangling themselves in estates in which they hold no property interests. Because while other people may want to make sure the wishes of the deceased are being honored, allowing anyone to challenge any will would open the floodgates to turning a somber and respectful process into a spectacle.

If you have questions about your own standing to challenge a will, call The Lilly Law Firm, LLC today at (678) 807-9150.