A will is an important part of an estate plan. People who want to leave property to specific beneficiaries, those who want to name guardians for their children and others concerned about the legacy they may leave may draft wills providing instructions about estate administration.
Family members, interested parties and even the probate courts typically defer to the instructions provided by a testator in a will. However, sometimes people have legitimate questions about the validity of estate planning paperwork. They may worry that issues with the documents could compromise the legacy left by a loved one.
People can sometimes legally challenge or contest a will in probate court when they have reason to question the validity of the document. What legal grounds might justify a will contest?
Concerns about undue influence
One of the most common reasons for contesting a will is the belief that another person imposed their wishes on the testator. Undue influence frequently comes from close family members or caregivers. In scenarios where people believe that someone used their relationship to secure an inheritance that the testator did not intend to provide them, there may be grounds to assert undue influence has compromised the document.
Questions about testamentary capacity
People typically have the right to draft estate plans once they become legal adults. There is an expectation that adults understand the legal decisions that they make and the documents they draft. Those alleging that a testator lacked capacity when drafting a document need compelling evidence to support those allegations. A lack of capacity could be the result of a serious medical condition, such as Alzheimer’s disease. It could also be the consequence of advanced age. If an individual could not understand the implications of their estate planning documents or could not name their beneficiaries, then they may not have had the legal capacity necessary to establish a will.
The possibility of outdated documents
Many people draft wills and then never revisit them again. While the document could theoretically retain its authority indefinitely, it could also become inaccurate and outdated as time passes. In scenarios where the creation of a will occurred before someone remarried or had children, beneficiaries who might expect to inherit from the estate may not have their names included in the document. Showing that an omission was due to the documents being outdated could help those parties receive an inheritance from the estate.
Understanding what circumstances may justify probate litigation can help people assert themselves after a loved one dies. If the courts set aside a will, they may refer to an older document or may apply intestate succession laws to the estate instead. Such adjustments may ultimately result in a better outcome for the people closest to the deceased testator.