Property passes to heirs-at-law in a process known as “intestate succession” when someone dies without a will. In most states, this means his spouse or direct descendants inherit first. Direct descendants include his children or grandchildren. Parents and more distant family members, such as siblings, would only inherit if the decedent weren’t married and left no living children or grandchildren. If a decedent were survived by three children, but only two were provided for in his will, the third child should have legal standing to file a will contest, but that doesn’t necessarily mean she would win the case. She can’t challenge the will simply because she has standing and wasn’t named in it. She must have cause. She would have to establish that the deceased didn’t intentionally cut her out of the will, or that the will isn’t valid for some other reason. Perhaps the deceased was under duress or was mentally incapacitated at the time he wrote it. The will might subsequently be thrown out due to its invalidity, and the estate would then be distributed as though the deceased had died intestate or without a will. Likewise, if the individual was named as fiduciary or executor of the estate in the first will, but he’s been replaced in a subsequent will, he should have adequate standing to challenge the more recent last will and testament. The same caution applies. These people would have to establish that the subsequent will is invalid for some reason. Minors typically cannot contest a will because they lack the right to initiate any legal proceeding until they reach the age of majority. Most states permit a parent or guardian to challenge a will on a child’s behalf, however. Of course, a beneficiary really has nothing to lose by challenging the will if she’s been cut out of it entirely. Not all states will enforce no-contest clauses, so check with an attorney if you have reason and standing to contest a will that contains one of these clauses.
