Wills are often the only estate planning instrument a person creates. The document that a testator drafts could have a profound impact on what happens to their property after they pass and what support their loved ones can access.
People expecting to inherit from an estate and the personal representative administering an estate usually defer to wills during probate proceedings. However, in some cases, people may question whether a will is accurate and valid. They may potentially be able to contest the will in probate court.
Can concerned parties use outdated documents as a justification to contest a will?
Egregious oversights could raise questions
Typically, wills retain their legal authority indefinitely. It does not matter how old the document is or how old the testator was when they drafted the document.
Still, people with a potential right to inherit could raise questions about whether the instrument actually reflects the desires of the deceased individual. If the testator failed to update their will for decades, there could be questions about its validity.
For example, if the testator created a will after the birth of their first child but then never updated the documents despite adding three more children to their family, the courts might agree that the testamentary instrument was outdated enough to set it aside. Factors, including whether an individual indicated that they intended to disinherit certain beneficiaries, can influence whether the courts agree with those questioning the document.
Pursuing a will contest can help concerned parties assert their right to inheritance in unusual situations. Probate litigation can help affirm that the exclusion of certain beneficiaries was likely unintentional and may result in the courts deferring to intestate succession laws to ensure an appropriate distribution of estate resources.
