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Do you have legal standing to contest a will?

The passing of a loved one can cause much grief to anyone, and you may hope to find some comfort in learning what his or her last wishes may have contained. In many cases, when a deceased family member leaves behind a will or other document relating to an estate plan, surviving family gain a content feeling when their loved one has bequeathed funds or a treasured piece of property to them.

Unfortunately, you could find yourself facing serious concerns if you believe that the details contained in your family member's estate plan reflect intentions that do not hold true to what your loved one wanted. You may feel at a loss if a completely unexpected individual gains a considerable portion of the estate with no true reason for gaining such an inheritance. In such a case, you may wonder if you have the ability to contest the will.

Standing

In order to move forward with the contesting of a will, you must have legal standing for doing so. When it comes to legal standing, you must have a personal interest in the case, and its impacts must affect you directly. If your case involves losing out on an inheritance, you will likely have legal standing because that loss had a direct impact on your life.

Other entities can also have legal standing in similar cases regarding an estate. For instance, if a charity, company or other organization was named a beneficiary or fiduciary that entity may have legal standing to contest a will if changes resulted in their suffering negative impacts.

Without legal standing, you have no authority to pursue a lawsuit. As a result, the outcomes of the document will go unchanged unless someone with standing chooses to file a claim and has the time and grounds to move forward with such a claim.

Contesting the will

If you determine that you do have legal standing, you will likely want to then move forward with the next steps of the process for contesting a will. In order to ensure that you fully understand what such an undertaking will entail, you may wish to gain reliable legal information regarding this type of proceeding. In some cases, contesting the validity of a will and filing a legal dispute could take a considerable amount of time to address.

Should you hope to move forward with your case successfully, you may wish to enlist the help of an experienced Arizona attorney. This legal professional could allow you to understand what to expect from the legal process and prevent you from feeling overwhelmed.

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