A will typically includes clear instructions about an individual’s wishes. They inform their loved ones of what should happen with their assets and who should take care of their children. Families usually try to uphold wills out of respect for the person who died.
However, there are scenarios in which the people left behind after someone dies legitimately question the contents of a will. They may have communicated with their loved one about their wishes and realize that the document does not align with their previously-stated intentions.
Those hoping to contest a will in probate court typically need legal grounds to do so. What circumstances might justify a will contest?
1. Concerns about undue influence
Testators have the right to establish estate plans based on their relationships and values. Other people should not control that process. In cases where there are signs that a caregiver or close family member manipulated the testator for personal gain, contesting the will could help. The courts can review the will and any prior estate planning documents to determine if something inappropriate happened.
2. The decline in the decedent’s capacity
Older adults may experience a variety of challenging medical changes as they age. In some cases, dementia, confusion and other symptoms of cognitive decline could interfere with the creation of a will. If surviving family members have medical evidence or witness testimony showing that a testator was incapable of understanding their circumstances and creating legally viable documents, the courts may agree to set aside a compromised will.
3. Outdated or illegal terms
Some people include provisions that directly contradict state law. Others might draft a document in their late twenties when they first have children and then never review their paperwork again. In scenarios where the documents are clearly outdated or contain terms that violate the law, people may have grounds to contest the will and ask the courts to set the document aside.
A successful will contest may lead to the courts deferring to a different version of the estate plan in some cases. Other times, it may be necessary to treat the estate as though the testator died without a will. Intestate succession laws then guide the distribution of the decedent’s property.
Reviewing concerns about a testamentary instrument with a skilled legal team can help people determine if they may have reason to take legal action. Successful probate litigation can protect an inheritance and uphold the wishes of a person who has died.