Most of the time, the will left by a deceased individual determines what happens to their property. Their family members may feel deeply grateful that they invested the time and effort into creating an estate plan.
However, a will can sometimes become a source of probate conflict. Beneficiaries of the estate, presumptive heirs or family members of the decedent may question whether the will is valid and enforceable. They may take the matter to court and contest the will.
What are the most common reasons that families contest wills in probate court?
1. Suspicions of undue influence
The terms that people include in a will should outline their personal wishes. Their beliefs and their relationships with others can directly influence how they want to distribute their property when they die.
As people age and become more dependent on others, those in caregiving positions might abuse their authority. If a caregiver becomes a main beneficiary, families may challenge a will by asserting that undue influence from a caregiver resulted in last-minute adjustments to the estate plan.
2. Concerns about testamentary capacity
Typically, anyone who is 18 or older has the legal authority to draft a will or other testamentary documents. Occasionally, advanced age or medical complications can diminish an individual’s legal capacity.
Testamentary capacity entails understanding the nature of the documents. The person drafting the will needs to know who their beneficiaries are and what property they own. If mental illness, incapacitating medical conditions or cognitive decline have left them without the requisite legal capacity, their documents may not be valid.
3. Suspicion of illegal or outdated terms
Families sometimes contest wills because the testator created the documents years ago. The inclusion of a former spouse or a deceased child as a beneficiary could serve as an indicator that the testator’s documents are outdated and potentially invalid.
The same could be said of scenarios in which the will only mentions their older children by name. Families can contest wills when they believe outdated documents do not accurately reflect the testator’s circumstances. Families can also contest wills when the documents may not meet legal standards or may include illegal terms.
Cooperating to pursue probate litigation can help families uphold the true last wishes of a deceased loved one. A will contest can result in the courts reinstating older documents or treating the estate as though someone died without a will. Either scenario may be better than relying on outdated or invalid paperwork.