Will Contest Standing

A party with “standing” has the legal right to sue for injuries. In some situations, this can be nuanced. For example, the will contest requirements are rigidly prescribed in Section 473.083, RSMo. With will contests, “standing has been described as belonging to one who would either gain or lose under the contested will.” Salvation Army, KS v. Bank of Am., 435 S.W.3d 661, 666 (Mo. Ct. App. 2014). More specifically, a contestant must have a “financial interest in the estate, and one which would be benefitted by setting aside the will.” State ex rel. Cooper v. Cloyd, 461 S.W.2d 833, 835 (Mo. 1971). It must be a “direct financial interest.” Mills v. Kettler, 573 S.W.2d 672, 674 (Mo. Ct. App. 1978).

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