Can you challenge a Will if you are a direct decendent and were not mentioned in it?

UPDATED: Sep 30, 2022

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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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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