Who has the authority to challenge the validity of a will?

The authority to challenge the validity of a will is held by any interested party, which includes heirs and beneficiaries. An interested party is someone who stands to gain or lose from the probate of the will, meaning they have a legal stake in the outcome. This can consist of individuals named in the will, those who would inherit under intestacy laws if the will were not valid, or creditors of the estate.

The ability for interested parties to contest a will plays an essential role in ensuring that the testator's true intentions are upheld and allows for checks and balances within the probate process. This is significant in the legal system because it helps prevent fraud, coercion, or improper execution of the will.

In contrast, while an executor may have certain responsibilities to follow the terms of a will, they do not solely possess the authority to contest its validity. A judge would not initiate a challenge but rather preside over disputes brought forth by interested parties regarding the will’s validity. The testator, as the individual who created the will, cannot challenge it after death, as they are no longer capable of doing so.