Who Has Standing to Contest a Will or Trust?

 Posted on February 14, 2025 in Probate Law

Before you can file a will contest or initiate trust litigation, you will need to show that you have legal standing to do so. Only people who have a legal interest in the case can challenge an estate plan. The standing rule prevents people who have no real interest in the outcome of the case from starting frivolous lawsuits to slow down estate administration for a personal enemy or filing litigation that is unwanted by the parties who would be affected by the outcome. This helps keep probate courts operating more efficiently for everyone. Showing that you have standing to challenge a trust can be more complicated than showing that you have standing to challenge a will. If you believe that there is an issue with your loved one’s estate plans and are considering litigation, you should work closely with an experienced San Antonio, TX estate litigation attorney.

Standing to Challenge a Will 

If you would be personally affected by the court’s ruling, you likely have standing to file a will contest. You can demonstrate standing for a will contest by showing that any of the following are true: 

• You are the testator’s natural heir - If the court invalidated the will introduced to the probate court, would you be entitled to inherit a share of the decedent’s estate under the laws of intestacy? If you would, you have standing to contest the will. If the decedent was your parent or spouse, you are extremely likely to have standing. 
• You are a named beneficiary - If you are a beneficiary named in the will in question, you have standing to contest the estate because you are directly impacted by the document. 
• You have a legal interest in estate property - If you have another type of legal interest in the decedent’s estate property that is governed by the will, you can likely start litigation regarding the will. 

Standing to Initiate Trust Litigation 

Unlike a will, a trust is not submitted to a court and does not become publicly available. Unless you are a named beneficiary, it can be difficult to gain access to the trust to identify grounds to contest it in court. Otherwise, you can show that you have an interest in the trust by proving that you are a named beneficiary or by demonstrating that you would be entitled to inherit property contained in the trust if the court found the trust invalid.

Contact a San Antonio, TX Estate Litigation Attorney 

The Law Office of Ryan C. Moe, PLLC is highly experienced in estate litigation. Our skilled Bexar County, TX estate contest lawyers will work closely with you the entire time your case is in court. Contact us at 210-861-6000 for a complimentary consultation.