Who can challenge a will?

In Tennessee, anyone who can demonstrate they have a "peculiar interest" in a will can challenge it. This includes people who are named in the will or who would benefit from the estate, as well as those who are not named but would have expected to benefit from the estate. For example, a child or spouse of the decedent who is not named in the will or a charitable organization that the decedent had intended to donate some of their estate to. Moreover, any creditors of the decedent, even if they are not named in the will, can challenge the will. This is in an effort to satisfy any debts the decedent might have left behind. Even if there are no debts, creditors can challenge the will if it contemplates a distribution of assets in a manner that would leave the creditors unpaid. In Tennessee, the time frame during which a will must be challenged is typically three months from the date the will was admitted to probate. Anyone wishing to challenge a will must do so in a court of law by filing an appropriate petition. The burden of proving why the will should be overturned rests on the person challenging it, and the court will likely appoint a guardian ad litem to represent the interests of any minors or other people who may not be able to adequately represent themselves in court.

Related FAQs

How can I protect assets from probate?
What is an executor’s deed?
How can I ensure that my will is up to date?
Who can serve as a witness to a will?
What is a living trust?
How can I protect my estate from creditors?
What should I consider when writing a will?
How do I know if someone has made a valid will?
What is an advance directive?
How do I ensure my will accurately reflects my wishes?

Who can challenge a will?

Related FAQs

Related Blog Posts