A will can provide clear instructions about an individual’s wishes. The contents of a will can provide support for dependent family members. The details of the document also establish the testator who drafted the paperwork’s legacy.
Individuals who make the decision to draft a will or other estate planning documents usually control what happens with their property. However, other people can raise concerns about the contents of a will. They can even ask the courts to set the document aside in specific circumstances.
Sometimes, the reading of a will leads to surprise and disappointment among close family members, including surviving children and grandchildren. People who expected to inherit may discover that the will makes no mention of them and does not allocate any property to them.
Can individuals excluded from a will contest the document in probate court?
Inaccurate documents could face legal challenges
Generally speaking, wills remain legal and enforceable indefinitely so long as they meet all necessary legal standards. Provided that the testator had support while drafting the document and used appropriate language, they can theoretically choose to leave assets for only one of their four children or all but one of their grandchildren.
There are some limits on the control that an individual has over their estate. Spouses typically cannot disinherit one another due to marital property rights. Additionally, if there are questions about the accuracy of the documents due to their age and contents, that could provide the basis for a contest in probate court.
If the date of the document’s creation predates the addition of new family members, the people excluded from the will may be able to assert that their omission was due to outdated paperwork rather than the testamentary intentions of the person who died.
In such cases, a will contest is theoretically possible. Provided that there is no evidence supporting the claim that a family member’s omission was intentional, the courts may consider claims that documents are invalid due to age and outdated terms.
Reviewing a will itself with a legal professional can help frustrated family members understand their rights. In some cases, a will contest can help people unintentionally left out of a will correct an oversight that could undermine the legacy of their loved one.
