Do I have grounds to contest my uncle’s Willif does not name me as beneficiary?
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Do I have grounds to contest my uncle’s Willif does not name me as beneficiary?
My aunt left her entire estate to her ex-husband. I was named beneficiary if her ex-husband did not survive. I did not contest the ill at the time because my uncle said “he did not want anything”. I had known this man for 44 years and had no reason to not believe him. My uncle passed away approximately 1 year after my aunt’s estate closed. Upon reading my uncle’s ill, I am having a difficult time with the fact that my aunt’s estate will be passed to others outside our family. I believe I have “standing”, in that I believe without a Will, as his nephew I would be in line.
Asked on March 5, 2012 under Estate Planning, Massachusetts
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. Even though you may indeed have sanding to contest the Will, you still need a basis to do so. Generally parties contest a Will when there has been undue influence or if a person was not of sound mind at the time that the Will was made. But being unhappy with the outcome is not a basis. A person can leave their estate to whom ever they wish. Speak with a lawyer in your area. Good luck.
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