Standing
Explore the concept of standing in estate planning to understand who can initiate legal action or contest a will, ensuring clear asset distribution.
What does 'standing' mean in the context of contesting a will?
In estate planning, 'standing' refers to the legal capacity of an individual to initiate a legal challenge against a will. To contest a will, a person must demonstrate that they have a sufficient stake in the outcome; typically, this includes beneficiaries who would receive a larger inheritance if the will is invalidated, or individuals who would inherit under a prior will or state intestacy laws. Understanding standing is crucial as it determines who may legally dispute the distribution of assets, thereby protecting the integrity of the estate plan. By ensuring only those with legitimate interests can contest, standing helps to prevent frivolous legal actions and ensures that the decedent's wishes are honored.
