Knowing who can challenge a will

Knowing who can challenge a will

| Feb 15, 2019 | Wills And Trusts |

In Louisiana, the law that dictates inheritance and wills can be somewhat complex. Because of this, it is entirely possible that some people may have issues with the will of a deceased loved one. However, only certain ones have the ability to challenge a will.

Heirs are one of them. The Cambridge Dictionary defines an heir as someone who is meant to receive money or property at the time of another person’s passing. These people are legal heirs, which means they can inherit even in the event that there is no will. They are also able to challenge existing wills if they feel as though they were given a disproportionate amount of the estate, or if they were unfairly left out of the proceedings.

FindLaw takes a closer look into the other groups that can challenge a will. Beneficiaries also have the ability to do this, even if they aren’t related to the person who passed. They are the ones named directly in a will, unlike heirs who do not have to be. Any person contesting a will also needs to show “standing”. This means they must prove that they are either named on the will – or should have been – or show that if the person passed without a will, they would have received something valuable.

The laws in this area can get somewhat slippery, which is why people often call for legal guidance. Having a professional can help clear up some of the potential misunderstandings, which could wreak havoc if left unchecked.