People file lawsuits for a number of different reasons. Legal matters handled in probate court often relate to the estate of a person who died or trust administration. Frequently, the probate courts primarily offer support and oversight.
However, they also sometimes need to resolve disputes related to estate administration, trust administration or estate plans. People can ask the courts to replace trustees and personal representatives. They can also ask the courts to review the legality and legitimacy of estate planning documents. Many times, will contests focus on the state of mind of the testator and whether outside parties may have influenced their documents.
Occasionally, people contest wills because they may include illegal provisions or may not meet mandatory legal standards. People surprised by the contents of a will might want to bring a will contest because they do not receive an inheritance. Can the probate courts intervene in scenarios where a will does not appear to accurately reflect someone’s wishes?
Outdated documents may not be valid
Plaintiffs challenging testamentary instruments have to provide evidence supporting their claims. In scenarios where people who assumed they should inherit from the estate are not included as beneficiaries, they may need to prove that the document is out of date and therefore inaccurate.
The date of the document’s creation can play a major role in the likelihood of the challenge prevailing. If a testator drafted documents before they got married or had children, they may not have included their spouse or all of their children in their will.
Provided that there are no indications that the intent was to omit certain children or other progeny from the will, people may be able to contest an estate plan based on significant changes in circumstances and the document becoming outdated. While wills do not ever technically expire, the courts may agree to set the document aside or make other concessions during probate proceedings when there are signs that the testator likely should have revised and updated the document.
Reviewing a will itself, including the date of its creation, with a skilled legal team can help people determine if they have grounds for probate litigation. Successful will contests can lead to a more reasonable allocation of estate resources.