Not everyone has the ability to challenge a living will. For instance, you cannot challenge the living will of a distant family member simply because you believe their estate and decisions are best left to someone else. Furthermore, you cannot contest a living will because the document does not benefit you or provide you with a “fair share.” That is not how living wills work.
Legal Standing
Each state has laws in place that must be considered before a will contest may occur. Typically, the first requirement is “standing.” Anyone who has “standing” to challenge a living will is generally someone who is also named on the will, such as a beneficiary, legal heir at law or otherwise an “interested person.” – See Texas Estate Code.
Legal standing is the first requirement to contest a will. You must be able to show you were.
Beneficiaries
All beneficiaries named in a will have legal standing to challenge a will, whether or not they are family members of the deceased. Beneficiaries are typically named in the will and include a spouse, children, grandchildren, or close relatives. Sometimes, friends and charities are included.
“No Contest”
In some cases, wills have a “no contest” clause as a condition. Such a clause may disinherit someone out of the will. Should a beneficiary lose a challenge under the written will, the beneficiary may be left out of any inheritance they were once considered for.
Typically, “no contest” clauses are not considered enforceable, though. Anyone with legal standing may challenge a will with a valid reason.
Contact Us
If you would like to discuss a living will in Collin County, contact Lucé Evans Law by calling (972) 632-1300 today. We’re happy to schedule a consultation that fits your busy schedule.
