Recent Ruling: Will Contest

From time to time, we will publish blurbs on recent local court opinions and state legislation: 

Harris v. Jourdan, 218 Or App 470, 180 P.3d 119 (2008)

Background: Will contest involving a decedent that executed multiple wills. Each will was a drastic departure from the previous will. One beneficiary of a previous will challenged the probate of the most recent will based on undue influence. Will proponent claimed that beneficiary of prior will did not have standing to challenge the will because she, in fact, had procured the previous will through undue influence.

 

Holding: Beneficiary of prior will is not required to demonstrate that prior will could survive a will contest in order to have standing to contest the will that is currently in probate.