Non-traditional estate planning methods, like using digital wills or naming non-family beneficiaries, have become more common. However, these methods can sometimes lead to disputes. Family members may challenge these plans under certain circumstances.
Lack of testamentary capacity
One reason to challenge a non-traditional estate plan is if the person creating the will lacked the mental capacity to make informed decisions. This includes being unable to understand the consequences of the estate plan or recognizing the assets involved.
Undue influence
If someone suspects that a third party, like a caregiver or non-family member, exerted undue influence on the deceased, this could be grounds for challenging the estate plan. Courts scrutinize situations where the person making the will was vulnerable or isolated from family.
Improper execution of documents
Some non-traditional estate planning methods, such as online wills, may not follow all state legal requirements. If the will was not signed or witnessed properly, family members can contest its validity.
Fraud or forgery
Family members can challenge an estate plan when they uncover evidence of fraud or forgery. They may argue that someone deceived the deceased into making certain decisions or that someone forged signatures to manipulate the plan. Fraud occurs when a person intentionally misleads the estate owner, while forgery involves falsifying signatures. These actions can provide solid grounds for disputing the estate plan and seeking legal remedies to correct the distribution of assets.
California-specific rules
California has strict laws governing how estate plans must be created and executed. For example, a valid will in California requires the testator’s signature and the signatures of two witnesses. Non-traditional methods, like digital or handwritten wills, can be more vulnerable to challenges if they fail to meet these legal standards. California courts will closely examine whether the estate plan adheres to the state’s legal requirements. Understanding and complying with these laws is essential to prevent disputes and ensure the estate plan’s validity.
Family members have the right to challenge non-traditional estate plans under these conditions. It is important to carefully consider potential issues when using non-traditional estate planning methods.
