Who Can Contest a Will?

People contest wills all the time and for various reasons. Maybe someone close to you passed away, and you expected to receive an inheritance, but you were told you were taken out of the will. Or, perhaps your loved one changed their will shortly before they died, and you are worried about whether the amendments are legal. These are certainly legitimate concerns. The question is, though, can you contest the will? In this short video, Robinson & Henry Probate Attorney Tristan Younghaus explains who can contest a will.

Questions About Who Can Contest a Will?

If you have questions about a loved one’s will and whether you can contest it, schedule some time for a meeting with a member of our Probate Team. Call (720) 961-6749 to schedule the appointment or click here.

True or False: Everyone can contest a will. False.

You Must be an Interest Party to Contest a Will

In order to contest a will, you must have something in the legal world called standing. Standing concerns the right of the client to bring the specific type of claim to court. The determination of standing focuses on whether the client is an interested party. Normally, people who have a relationship with the decedent have standing. Or, if you were listed in a document, such as a will or a trust, you may have standing.

For example, if someone died and they had children and a spouse, normally the children and the spouse have standing to contest the will, or a trust, assuming there was a will. If there is no spouse or children, normally the siblings or parents would have standing to contest the will or trust.

Talk to a Probate Litigation Attorney

If you have questions about who would inherit or who has standing to contest a will in Colorado, schedule a meeting with a member of our Probate Litigation Team. Call (720) 961-6749 or set up that case assessment online.