The will that an individual drafts should determine what happens with their assets after they die. An individual’s will can name the personal representative who administers their estate. It can designate candidates to serve as a guardian for their children. A will also likely includes clear terms regarding the distribution of their property after their passing.
Surviving family members and the probate courts typically defer to the written instructions provided by the decedent during the probate process. However, sometimes families have questions about the validity of an estate plan. Surviving family members might contest or legally challenge a will in probate court because they feel dissatisfied or concerned about its contents.
When can family members successfully contest a will?
When a testator lacked capacity
Most adults have the necessary legal capacity to establish a viable estate plan. They understand their circumstances and what assets they own. They can make decisions regarding the distribution of the property and the protection of their families after their passing. In cases involving significant cognitive decline, major mental health disorders or serious health challenges like dementia, surviving family members may be able to raise questions about whether a testator had the requisite capacity to draft or update a will.
When someone else influenced the documents
An estate plan should include terms chosen by the testator, not other people. Occasionally, outside parties including spouses, children or professional caregivers may manipulate, coerce or pressure a testator into making major changes to their estate planning documents. In such scenarios, surviving family members may contest the documents by raising a claim of undue influence.
When the documents don’t meet legal standards
Sometimes, family members contest wills based on technical issues. A lack of witness signatures can be grounds to question the validity of a will. Other times, the inclusion of illegal terms within the will can be a reason to ask the courts to set the document aside.
Individuals who question the legitimacy or legality of an estate plan may need help reviewing the documents to determine if pursuing probate litigation might be the right course of action. Initiating a will contest can sometimes be the best way to uphold a loved one’s true intended legacy after their passing.