Can Someone Who Isn’t In Your Will Challenge It?

On Behalf of Ezell Law Firm, LLC

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Jan 22, 2025

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Estate Planning

In most cases, if there’s a challenge to a will or estate plan, it comes from someone who is included in the plan. For example, if siblings are given unequal bequests, the sibling who receives less may contest the will, arguing that the division should be equal and seeking to have it adjusted.

However, there are circumstances where people who aren’t included in the will may still challenge it. Here are a few examples:

Disinherited family members

If a family member is disinherited or left out of the will entirely, they may still have standing to challenge it if they would otherwise have inherited under state law. To prevent this, it’s often wise to include a disinheritance clause specifying that the person was intentionally left out and that it wasn’t an oversight.

Creditors

Creditors may also have grounds to challenge the estate plan. For example, mortgage lenders or credit card companies may still be owed money. The estate executor is responsible for using estate funds to settle these debts. If the executor fails to do so, creditors could challenge the distribution of assets.

Removed beneficiaries

Individuals who were once named as beneficiaries but were later removed from the will may also challenge it. For instance, an elderly person might initially write their estate plan to leave significant assets to a caregiver, only to later revise it to leave those assets to direct family members instead. In such a case, the caregiver might contest the will.

Navigating will challenges

Will challenges can be complex and often involve significant stakes. It’s important for those involved to understand the legal steps they need to take to address these disputes effectively.