Parties of interest in a will contest

Parties of interest in a will contest

On Behalf of | Aug 9, 2021 | Estate Planning |

In a will contest, questions may arise about who the interested parties are when it comes to this type of litigation. Determining the interested parties is easier said than done. The person writing the will may find that there are more people who will be affected by the will than originally anticipated since the parties are not only the people who are mentioned in the document. If you’re composing your will and you’re a Florida resident, keep this important information about estate litigation in mind.

Who are the interested parties?

Generally, all of the decedent’s relatives are listed as either interested or actual parties in a will contest even if they are not named as beneficiaries. This means that all surviving relatives could potentially be interested parties. Additionally, all the individuals listed under the current will that is being offered for probate are interested parties in estate litigation. It is also important to keep in mind that if the decedent had a previous will, the people listed on the former will could be interested parties as well and maybe permitted to participate in litigation.

Contesting a will

When contesting a will, the person petitioning the will must determine who the interested parties are in the previous will aside from relatives since these people could be entitled to receive money or assets.

In this type of estate litigation, the person contesting and the individual defending the will must know who all interested parties are. This is because all interested parties must be notified about the litigation so they will have the option of participating in the probate process.