Standing to Challenge a Will

Prior to filing a Will contest, an individual must first determine if they have a right to challenge a decedent’s Last Will and Testament.   This is referred to as having “standing”.  There are essentially two different classes of individuals/entities who may have standing to contest a decedent’s Last Will and Testament.  The first class involves individuals/entities who would be entitled to a share of a decedent’s estate if that person had passed without a Will, as defined by N.J.S.A. 3B:5-4.  The other class of individuals/entities are those who were named beneficiaries under a previous Last Will and Testament executed by a decedent which was superseded by the decedent’s current Will. This could also involve individuals, companies or other entities.

The first class of individuals, as defined by N.J.S.A. 3B:5-4, generally involves the spouse of the decedent, if married, a partner in a civil union, and any children that the decedent might have.  In addition, other individuals who would have standing to contest the decedent’s Will is anyone who would be entitled to receive an intestate share of the decedent’s estate.  Such class of individuals generally includes parents of the decedent, grandparents, siblings, or surviving descendants of the grandparents which might be aunts, uncles, or cousins.  The statute does provide for some more remote individuals who might possess standing, however, the above is an accurate summary of the typical family members who might seek to challenge a decedent’s Last Will and Testament.

The other class of individuals or entities who may seek to challenge a decedent’s current Last Will and Testament are those who are named as beneficiaries under a previous version of the decedent’s Will. Although these individuals or entities would not be entitled to a distribution from the estate if the decedent is deemed to have died without a Will, their status as a named beneficiary under previous Last Will and Testament of the decedent entitles them to contest the validity of the current Will that has been offered for probate. This type of standing exists, because if the current Will is invalidated by the Court, the Court could admit the decedent’s previous Last Will and Testament to probate pursuant to which these individuals/entities might receive certain bequests. As such, that is why these individuals or entities would have standing to contest the decedent’s most recent version of his or her Last Will and Testament.  This class is specifically limited to those individuals or entities, however, who are directly referenced within a previous version of the decedent’s Will.

If you are an individual or entity who is considering contesting a decedent’s current Last Will and Testament, it is important that you consider whether you possess standing in order to initiate such a contest. As set forth above, this article provides general guidance as to what individuals or entities might have standing to contest a decedent’s Will. It is always recommended, however, that you consult with competent counsel to determine whether you possess the requisite standing to initiate a Will contest, and further, so that the attorney can provide guidance in order to commence such a proceeding.