An interested person is one whose share would increase if the challenged instrument failed, including heirs under intestacy and beneficiaries under a prior instrument. Creditors have standing in limited circumstances.
Standing is assessed against the alternative outcome.
Alternative Names:
Contest Standing|Interested Person Standing
Why it Matters?
Standing must be measured against what would happen if the contest succeeded, which means a beneficiary who would receive less under a prior will than under the challenged one lacks standing regardless of how the challenged instrument was procured. Identifying the prior instrument and calculating the alternative distribution is the threshold analysis and frequently disposes of contests filed by disappointed relatives.
Frequently Confused with
Related terms
Frequently asked questions
How is standing measured?
What is the threshold analysis?
