Who has standing to file a Will contest?

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.
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Related Practice Areas

Guardianships
Guardianship is about ensuring the future care of your loved one. Douglass & Runger helps you navigate the legal process with clarity and compassion.
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Intestate Estate Administration
When a loved one passes away without a Will, the estate enters into a legal process known as intestate estate administration.
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Probate Law
Probate is a legal and financial process that takes place after someone dies, and involves managing their estate. This includes organizing their assets, money, and possessions, and distributing them as inheritance to their beneficiaries after paying any debts and taxes.
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Probating A Will
When a loved one passes away with a Will, it must go through probate to be legally recognized. This process ensures their assets are distributed according to their wishes, debts are paid, and the estate is settled properly.
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Trust Administration
Trust administration involves managing the assets within the Trust, paying debts and taxes, and distributing assets to beneficiaries according to the terms set by the grantor.
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Trust Litigation
Without proper legal guidance, Trust disputes can escalate quickly, leading to emotional stress, financial loss, and strained family relationships. Trust Litigation ensures that these conflicts are handled fairly and according to the law.
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Will Contests
A will contest is a legal challenge to the validity of a will. These disputes often arise when an heir or beneficiary believes the will does not accurately reflect the deceased's intentions or was executed under questionable circumstances.
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Will Preparation
Will preparation ensures your wishes are honored and your loved ones aren’t left with uncertainty or legal headaches. It’s a simple way to provide clarity and peace of mind for the future.
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