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In General
In a will contest, a person with "standing" ( see description below) to challenge the validity of a will has a basic legal right to due process. Essential are a right to notice and a right to be heard. A right to notice entitles the person to receive, from either the court or the proponent of the will, written notice that the will is being offered for admission to probate. The notice includes the date, time and location at which the court will conduct a hearing to determine if the will should be admitted to probate.
At the scheduled hearing, all persons with "standing" have the "right to be heard." That is, each person may make statements and present evidence relevant to why the will should, or should not, be admitted to probate. In its discretion, the court may continue the hearing to another date and time to give all interested parties the opportunity to prepare their cases so the court can consider all relevant evidence including the testimony of key witnesses.
Who has Standing?
The question of who has "standing" (i.e. the right to challenge the validity of the will) is specified by statute and/or common law. Generally, the testator's spouse, children and "heirs at law" (i.e. those who would share in the estate if the will is invalid) have standing to challenge the validity of the will.
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If you believe you have been wrongfully deprived of all or a portion of your rightful inheritance, you must act immediately to protect your rights. Please click here if you would like us to review your situation.
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