A will outlines an individual’s wishes regarding the distribution of their property and the administration of their estate after their passing. Much of the time, families are grateful for the presence of a will and defer to the document created by the deceased person when managing and distributing their property after their death.
Occasionally, family members and other interested parties might contest a will in probate court. They challenge the legality or validity of the estate plan, possibly in the hopes of securing a larger inheritance. As such, people creating estate plans need to be aware of what scenarios might undermine their wishes so that they can craft appropriately protective documents.
What are the leading causes of will contests?
1. Claims of undue influence
If family members can credibly claim that an outside party unfairly influenced the terms of the will, then the courts may agree to set it aside. Last-minute changes that benefit a caregiver are among the possible justifications for claims of undue influence.
2. Assertions of diminished capacity
Cognitive decline later in life can undermine an individual’s testamentary capacity. Major injuries or conditions like dementia can make it difficult for people to understand the impact of their estate planning decisions. Planning early to avoid concerns about the loss of capacity later is often beneficial.
3. Worries about outdated documents
In some cases, people draft estate plans that do not include all of their children or grandchildren. Those omitted due to alleged oversights could contest the will for being outdated and inaccurate.
Creating a legally compliant document and updating it regularly can help protect against a will contest. Those who want to ensure that they leave a positive legacy in this regard may need to work with an attorney when drafting their wills and when updating their documents as needed, and that’s okay.