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Who Can Contest a Will?

Butler Law June 6, 2019

Many Myrtle Beach area residents have had a chance to put together an estate plan. When an estate plan is created, it is expected that it will be followed as written. Usually, this is the case and an estate plan is a welcome document when a person passes away. Occasionally, a will is contested in probate litigation.

Contesting a will sounds like a dramatic event that happens to celebrities. However, any family can have a contested will situation. Not anyone can contest a will, though. Those who are named in the will and those who would have inherited if there hadn’t been a will both have legal standing to contest a will. Beneficiaries named in the will are often family members but can be charitable organizations, friends or other organizations. Those who would have inherited if there hadn’t been a will are considered heirs. Heirs are usually family of the deceased.

Contesting a will can be a complicated matter. An attorney who is skilled in probate litigation can help their client with the process. There can be reasons to use litigation to contest a will and an attorney can advise their client on their options. A family who is facing a will contest may also wonder what their options can be in this situation.

Many Myrtle Beach residents have taken the time to create a will. Having an estate plan enables a person to ensure their assets are passed to whom they want to receive them. Occasionally there is a need to contest a will and in these situations an attorney can be a good resource.