When a loved one passes away, disputes can arise, sometimes leading to a will contest. One of the most common questions I receive is whether someone has the legal standing to challenge a will. Here’s a breakdown of who can file a will contest in Tennessee and what you need to know.
Who Can File a Will Contest?
Heirs Under Intestate Succession
- Definition: If someone would inherit under intestate succession laws (i.e. if there were no will), they may have standing to contest a will.
- Example: This might include children or other relatives who would legally inherit if the deceased did not have a valid will.
Named Beneficiaries in a Different Valid Will
- Definition: Individuals who are named as beneficiaries in a previous, valid will may have standing if they believe that will is the true last will and testament.
- Example: If a new will is presented but you were a beneficiary in an older will, you might contest the new will based on the validity of the old one.
Why It Matters
- Legal Standing: To file a will contest, you must have a legitimate reason for doing so, typically falling into one of the two categories above.
- Complex Cases: Will contests can be complex and costly. They often involve intricate legal arguments and thorough examination of wills and estates.
