During estate administration, personal representatives have many responsibilities. They generally need to communicate with interested parties, including the family members of the deceased individual and their creditors. They need to follow the instructions provided by the deceased individual in their estate planning documents.
People often provide detailed instructions regarding the distribution of their property after they pass. They may want each of their children to inherit an equal amount of their estate or may provide instructions about distributing specific assets to each of their beneficiaries. Typically, families respect the final wishes of the deceased person and do their best to uphold them.
However, sometimes they may question the terms included in an estate plan. They might even pursue a will contest, a process that can prove very stressful for the personal representative. The overall value of the estate may shrink because of the costs involved. Thankfully, there are only a handful of situations that warrant will contests.
When can people challenge testamentary instruments in probate court?
1. When they suspect undue influence
People sometimes become dependent on caregivers and family members as they age. There are some parties who may take advantage of that vulnerability by manipulating an older adult or pressuring them to make estate planning modifications. If family members can convince the courts that someone exerted undue influence to secure an inheritance they otherwise would not receive, the courts may agree to set aside compromised estate planning documents.
2. When the testator lacks capacity
In some cases, medical challenges or advanced age can impact an individual’s cognitive function. They may become confused about their circumstances or unable to make well-reasoned decisions. If family members can convince the courts that a testator didn’t understand the documents they drafted because of their declining capacity, the courts may agree to set the most recent will aside.
3. When documents are outdated
Late-in-life adjustments are often the underlying justification for will contests. However, the failure to update documents can also lead to challenges and probate court. If a testator never reviewed their estate plan even though decades passed, their beneficiaries and family members could credibly claim that the documents were inaccurate. The birth of children after the date of the will’s creation and other details can lend validity to the assertion that the will does not reflect the testator’s wishes or circumstances later in life.
Recognizing when litigation could occur can help personal representatives manage estate administration more effectively. Concerns about testamentary instruments may lead to conflict and costly litigation that diminishes the value of an estate.