Your Guide to Reclaiming Your Rightful Inheritance

When someone leaves a will, it serves as a roadmap for what happens to their possessions after they’re gone. But sometimes, people feel the will isn’t quite fair and that’s when they contest the will. Understanding who can challenge a will in Utah is crucial because it shapes the framework of legal recourse and accountability in the distribution of a deceased person’s assets. 

Challenging a will is a legal process that allows certain individuals to dispute the validity or terms of a deceased person’s last will and testament. While the specific rules and requirements can vary by jurisdiction, there are generally common grounds and parties who may have the standing to challenge a will.

Quick Summary:

  • Will Defined: A will is a crucial legal document in estate planning, that specifies your wishes for how your assets and belongings should be distributed after your death, as its absence may result in asset distribution and dependent care governed by jurisdiction-specific laws of intestacy, potentially conflicting with individual preferences.
  • Overview of Will Challenges: Explains that when individuals perceive a will as unfair, they may contest it, highlighting the importance of understanding who can challenge a will in Utah. This section also describes will challenges as a legal process allowing certain individuals to dispute the validity or terms of a deceased person’s will, noting that rules can vary by jurisdiction.
  • Understanding Who Can Challenge a Will in Utah: Individuals with legal standing, such as heirs (spouses, children, parents, grandparents, and siblings), named beneficiaries (including surviving spouses, children, friends, charities), creditors, previous beneficiaries, and fiduciaries, may challenge a will if they believe it to be unfair, invalid, or if their interests have been inadequately addressed. 

What is a Will?

A will is a legal document that specifies your wishes for how your assets and belongings should be distributed after your death. It is a vital component of estate planning that gives you an opportunity to express your preferences for the disposition of your property and the appointment of guardians for your dependents.

Without a valid will, the distribution of assets and the care of dependents may be subject to the laws of intestacy, which can vary by jurisdiction and may not align with the individual’s preferences.

Who Can Challenge a Will?

In Utah, as in many other jurisdictions, there are specific legal provisions that allow interested parties to challenge the validity of a will. While challenging a will is not a simple process and generally requires legal grounds, there are circumstances under which a person may contest a will. Here are some general factors that might enable someone to challenge a will:


An heir is an individual who is entitled to inherit the assets and property of a deceased person. These are individuals who would inherit under intestacy laws (if there were no will). If they’ve been omitted from the will or feel they haven’t received a fair share, they can contest it. Heirs include:

  • Spouses
  • Children
  • Parents
  • Grandparents
  • Siblings


Even named beneficiaries can contest the will if they believe they’ve been shortchanged or if the will’s provisions are ambiguous or unclear. Beneficiaries can include any of the following:

  • A surviving spouse
  • Children
  • Grandchildren
  • Other relatives
  • Friends
  • Faith communities
  • Universities
  • Charities
  • Pets

Those Questioning Testamentary Capacity

The law requires that only adults 18 years of age or older have the capacity to create a will. Individuals with a legitimate interest may challenge the will on the grounds that the testator lacked the mental capacity to understand the consequences of their actions when creating the will. 

When litigation arises that challenges an adult’s testamentary capacity, it is usually on the basis that the adult has dementia, insanity, was under the influence of a substance, or in some other way lacked the mental capacity to form a will. 

To challenge a will based on mental capacity, you must show that the testator did not understand the consequences of making the will at the time of the will’s creation. More specifically, the person must understand:

  • The disposition he or she is making and what a will means
  • The extent and value of the property
  • How these elements relate in order to form a distribution of property
  • Who he or she is expected to provide for and who the beneficiaries of the will are


In some cases, creditors may have the ability to challenge a will, particularly if they believe that their legitimate claims against the deceased person’s estate are not being properly addressed. If the deceased owed money to creditors, they may have standing to challenge the will if it significantly reduces their chances of being repaid. However, the grounds on which a creditor can challenge a will may vary depending on the jurisdiction and the specific circumstances. 

Here are some scenarios in which a creditor might challenge a will:

Dispute over Debt Validity

A creditor might challenge the will if there is a dispute over the validity of the debt claimed against the deceased person’s estate. This could involve disagreements about the existence or amount of the debt.


If a creditor believes that the deceased individual fraudulently transferred assets to heirs or beneficiaries with the intention of avoiding payment of debts, the creditor may challenge the will.

Insufficient Assets to Cover Debts

If the estate lacks sufficient assets to cover the debts owed to creditors, a creditor may challenge the distribution of assets to beneficiaries.

Previous Beneficiaries and Fiduciaries

Individuals who were beneficiaries in a previous version of the will may challenge a later will that disinherit or reduce their share. Any person or entity named in an older will would have sufficient legal standing to contest a more recent will if he has subsequently been cut out of the recent document. 

Likewise, if the individual was named as fiduciary or executor of the estate in the first will, but has been replaced in a subsequent will, he should have adequate standing to challenge the more recent last will and testament.

Those Alleging Undue Influence

Challenging a will based on allegations of undue influence is a complex legal process that involves careful examination of the circumstances surrounding the creation of the will.

If someone believes that the testator was coerced, manipulated, or deceived into creating or modifying the will against their true intentions, they may challenge the document. Proving undue influence or fraud can be complex and requires substantial evidence.

To successfully challenge a will based on undue influence, certain key elements must be established:

  • Vulnerability of the Testator: Demonstrating that the testator was susceptible to outside influence due to factors like age, illness, dependency, or emotional distress.
  • Exertion of Influence: Providing evidence of the active influence exerted by another individual, such as manipulation, coercion, or threats.

The Role of an Estate Planning Attorney in Challenging a Will

Challenging a will is a serious undertaking with emotional and financial consequences. It’s essential to weigh the merits of your case carefully and seek legal advice from our St. George estate planning lawyers at Boyack Christiansen Legal Solutions before starting this journey. By understanding the basics of will contests, you’ll be better equipped to protect your interests, navigate family dynamics, and ensure the rightful distribution of an inheritance. 

Our estate planning law firm has an in-depth knowledge of estate laws and probate procedures and we will help you gain a clear understanding of who holds the legal standing to challenge a will. Whether you’re an heir, a beneficiary, a spouse, or someone with concerns about the validity of a will, we’ll clarify your legal position. We’ll analyze the details, assess the potential grounds for challenge, and outline the legal pathways available to you.

Don’t leave your legacy to chance—take the first step toward understanding your rights. Schedule a consultation with us today and let us help you reclaim your legacy and tailor a winning strategy just for you.

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