Who can contest a Will?

Only a person with “standing” can contest a Will. This means the person must have a personal financial stake in the outcome. Examples of people with standing to contest a Will are:

  • a child or spouse who was cut out of the Will
  • a child who receives one third of the estate if a sibling receives two thirds,
  • children who feel that the local charity should not get all the parent’s assets,
  • anyone who was treated more favorably in an earlier Will.

Sometimes, there is a Will contest because someone wants a different person, bank, or trust company to serve as personal representative for the estate, or as a trustee of trusts created by the Will.

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