Can you challenge a Will if you are a direct decendent and were not mentioned in it?
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Can you challenge a Will if you are a direct decendent and were not mentioned in it?
And if so, would I qualify as a direct decendent to my grandfather if my father is already deceased?
Asked on February 11, 2016 under Estate Planning, West Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no legal requirement that a child, or in this case a grandchild, be listed as a beneficiary in a parent's/grandparent's Will. In other words, there is no automatic right of inheritance for a descendant. If you feel that you want to challenge this Will you will need to do so on other grounds. For example, if you feel that the testator (i.e. your granfather) was not of sound mind when his Will was signed, was unduly influenced by a beneficary of the Will, etc. You can consult directly with a probate attorney. After hearing all of the details of your situation, they can best advise you further.
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