Skip to content

ChannelsContributorsSubscribe
LexBlog, Inc. logo
LexBlog, Inc. logo
AboutProductsJoin
Search
Close

Interested Parties in Probate Litigation

By Paul W. Norris
February 5, 2019
EmailTweetLikeLinkedIn

During a Will contest, a question may rise as to who is an interested party with regard to an estate. This question is not quite as simple as it may appear at first sight. In fact, the interested parties may be substantially greater than the party initiating the Will contest might have anticipated. As discussed below, interested parties are not merely those who are listed under the Last Will and Testament.

In general, all of the Decedent’s family members are either interested parties or actual parties during a Will contest whether they are named as beneficiaries under the Last Will and Testament or not. As such, all surviving family members are potentially interested parties. In addition to these parties, all parties who are listed under the current Last Will and Testament, which has been offered for probate, are also interested parties to the litigation.

This group is easy to define as they are listed in the Will that is being challenged, and thus, are directly interested parties. In addition to the parties listed under the Last Will and Testament which has been offered for probate, if a previous Will exists than the individuals listed under the previous Will could also be interested parties who would have standing to participate in the litigation. As such, when initiating a Will contest, the Petitioner must determine who the interested parties are under any previous Last Will and Testament aside from family members, as they may also be interested parties.

It is important in the context of Probate litigation that the person contesting a Will, as well as the person defending a Will, determine who the interested parties are. This is because these parties have to be placed on notice and given an opportunity to participate in the litigation should they choose to do so.

The probate litigation attorneys at Stark & Stark are well versed in determining who are the potentially interested parties are, and whether they should be added as parties to the litigation.

Photo of Paul W. Norris Paul W. Norris

View Bio

Read more about Paul W. Norris
  • Posted in:
    Civil Litigation
  • Blog:
    New Jersey Law Blog
  • Organization:
    Stark & Stark
  • Article: View Original Source

Stay Connected

Facebook LinkedIn Twitter RSS
Publishing Solutions
Real Lawyers

Company

  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service

Support

  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status

New to the Network

  • Capital Markets Litigation Blog
  • lien-law-news
  • LawBiz Blog
  • Conroy Creative Counsel
  • Trellis
Copyright © 2019, LexBlog, Inc. All Rights Reserved.
Powered By LexBlog