Who Can Contest a Will or Trust?
In order to contest a will, a person must have “standing.” A party has standing to contest a will only if the contestant is an “interested person.” Probate Code §§ 1043, 8250; In re Collins’ Estate (1968) 268 Cal.App.2d 86. An interested person is defined under Probate Code § 48(a) as: (1) an heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding. Unfortunately, except in certain very clear situations, the question of whether or not a particular person truly has standing to contest a will can be a very complicated legal question, because there are many different rules that govern this issue. Trust beneficiaries have standing to petition the court. [Probate Code § 17200(a)]. Wills and Trusts are Different, Do Different Contest Rules Apply? There are many important differences between a will and a trust. These differences pertain mainly to tax
