Probate litigation can help families hold personal representatives accountable for breaches of fiduciary duty. Litigation is also possible in cases where there are questions about the validity of estate planning documents.
Many will contests involve claims by plaintiffs about the deceased party’s cognitive capacity or the influence of an outside party. Sometimes, family members may question their omission from a will or estate plan.
Do the courts hear will contests brought on the basis of an individual’s unfair exclusion from a will?
Spouses have statutory rights
If the party omitted from the list of beneficiaries in a will is the surviving spouse of the deceased individual, they may have the right to challenge the will and request a portion of the estate. It is not lawful for one spouse to intentionally disinherit another without their consent.
Others may also have legal rights
Technically, spouses are the only ones with a statutory right of inheritance if a person drafts an estate plan. Other likely heirs, including children and grandchildren, do not have a right of inheritance that supersedes the right of an individual to control their own legacy.
However, if people can show that an estate plan was outdated and their omission was unintentional, the courts may consider a will contest. People who expected to inherit can take legal action in cases where there is no documentation supporting the idea that the testator intentionally disinherited them.
Reviewing a will and family circumstances with an estate planning lawyer can help people understand their rights. A will contest is sometimes possible in scenarios where inaccurate or outdated documents do not include someone who may have been an intended beneficiary of an estate.
