Estate administration can be a lengthy, complicated process. Families typically defer to a will if there is a testamentary instrument drafted by the deceased person. They try to uphold the last wishes of the person who died.
Occasionally, families may question estate planning documents. A will may seem to favor one person in a manner that does not reflect the values of the testator. The terms included in the document might contradict the plans previously disclosed by the testator. In certain situations, people can ask the probate courts to set aside estate planning documents.
When is a will contest a viable option for those concerned about an estate plan?
When the testator faced challenges
There are two main ways in which medical issues could undermine the validity of a will. The first is by eliminating an individual’s testamentary capacity. If a person experienced cognitive decline due to advanced age or struggled with severe challenges, such as dementia, there could be reason to question their capacity at the time that they drafted the document. The courts may agree that they could not understand the impact of their choices.
Medical challenges can also leave people dependent on caregivers. That, in turn, puts people at risk of undue influence. Outside parties can manipulate or pressure an individual into modifying an estate plan for their benefits. A will contest could be possible in either scenario.
When the document contains inappropriate terms
Sometimes, family members can contest a will by asserting that it is so outdated that it no longer accurately reflects the testator’s wishes. A will drafted before someone had children, for example, might not actually include their children as beneficiaries.
Other times, the documents may be relatively recent but may include provisions that are technically violations of the law. In such cases, the will may not be valid and enforceable. If the courts agree that there are inappropriate inclusions in estate planning documents, it may be possible to set them aside in favor of earlier documents or to apply intestate succession laws and act as though the individual died without a will.
Reviewing any potential issues related to testamentary instruments with a skilled legal team can help families decide if a will contest is appropriate. Probate litigation can potentially help preserve resources and uphold a loved one’s true wishes.