A will may be the cornerstone of an estate plan or possibly the only document an adult has in place. The terms that a testator outlines in a will dictate who inherits property from their estates and also who oversees the administration of their estate after they die. The law in California imposes numerous requirements to help ensure that a will is valid and to prevent fraud. In some cases, individuals may have drafted their wills decades before they die.
Do testamentary instruments ever expire due to the amount of time that passes between the drafting of documents and the beginning of estate administration?
Wills generally do not expire
There is no specific amount of time after which a will becomes invalid. Instead, the concern is the risk of outside parties contesting the will on the basis of it containing outdated and inaccurate terms.
For example, if a person drafts a will before they have children, they may not name their descendants as their beneficiaries. Family members concerned about the accuracy of a will can potentially contest the document by showing how old it is and how changing circumstances may have altered the wishes of the testator.
For those concerned about ensuring that their wills remain valid, reviewing them and updating each document as necessary can limit the likelihood of a will contest based on the age of the document in question. Learning more about factors that can cause probate complications can help people establish effective estate plans and recognize when legal action in probate court might be necessary to uphold a loved one’s wishes.
