Probate: Will Contest-Standing

Plaintiffs appealed the trial court’s dismissal of their action to challenge their father’s 2015 will. The will directed that plaintiffs would receive half of their father’s estate. The personal representative of the estate challenged plaintiffs’ standing on the grounds that they would not benefit from the will contest since a successful challenge would result in decedent’s earlier revocable trust going into effect, under which plaintiffs would receive nothing. The trial court agreed that plaintiffs lacked standing and dismissed the case.

Where there was a portion of decedent’s estate not included in the trust corpus that would pass to plaintiffs through intestate succession, and that portion was worth more than the trust, the trial court erred in concluding that children lacked an interest in challenging the 2015 will.

Judgment is vacated and remanded.

Laws v. Allen (MLW No. 82094/Case No. SD37525 – 16 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Texas County, Clayton, J. (Brian Eric Hamburg, Springfield for appellants) (Mark Edward Rector, Lebanon and David Arthur Osborne, Rolla for respondents)