Probate litigation can occur for a number of reasons. Sometimes, beneficiaries of an estate seek to remove a personal representative who hasn’t fulfilled their responsibilities. Other times, creditors and outside parties with an interest in the estate may assert that there has been an issue with the management of estate resources.
Will contests are a common source of probate litigation. The surviving family members and beneficiaries of those who have recently died sometimes question the validity of a will on record. The following are the most common reasons that families contest or challenge a loved one’s will.
Worries about undue influence
People typically have control over what happens to their property and money. That authority technically persists after the die. Those who take the time to draft wills can select their own beneficiaries and can leave specific assets for the people they love.
Occasionally, an estate plan seems imbalanced or unfair. If one person seems to have inherited more than they should, families may begin to question whether that person exerted undue influence on the testator before their death. A will contest may be possible in cases where someone used their relationship with the testator to secure a larger inheritance.
Questions about testamentary capacity
Most adults have the legal authority necessary to establish a will or other estate planning documents. However, some people lack that capacity. Major health issues, including Alzheimer’s disease or lifelong mental health challenges, can eliminate an individual’s testamentary capacity.
If they do not remember who is in their family or what property they own, they may lack the capacity necessary to establish an estate plan. When family members or beneficiaries can show that an individual could not understand the documents they drafted, that may be reason to challenge the will in court.
Concerns about questionable terms
Perhaps a testator drafted an estate plan decades ago, and the documents do not include their younger children as beneficiaries. Family members can sometimes contest wills on the basis of them being significantly outdated.
Other times, legal contests can begin with the recognition of illegal terms. If an estate plan includes terms that violate the law or if the will does not conform to state standards, family members can ask the courts to invalidate the document and set it aside.
Reviewing the circumstances surrounding an estate plan with a skilled legal team can help people determine if probate litigation is necessary and appropriate. Families concerned about a loved one’s legacy sometimes have to take legal action to uphold their loved one’s last wishes.