Why is an Estate Plan Contested?

Creating an estate plan is about more than just distributing your assets; it's about ensuring your wishes are honored after you're gone. Despite your best efforts, sometimes these plans can be contested, leading to legal battles and family strife. Let’s dive into why this happens and how you can minimize the chances.

Common Reasons Why Estate Plans Get Contested

1. Questionable Mental Capacity

One major reason for contesting an estate plan is when someone argues that the person who made the will (the testator) wasn’t mentally capable at the time. This could mean they didn’t fully understand what they were doing because of age, illness, or cognitive issues.

2. Undue Influence

If someone close to the testator pressured or manipulated them into making certain decisions, this is known as undue influence. This often happens when the testator is vulnerable and relies heavily on that person.

3. Omitted Spouse or Child

If a child or spouse is omitted from an estate plan, without being specifically disinherited then they may have a claim under your jurisdictions omitted spouse/child statutes.

4. Fraud or Forgery

Accusations of fraud or forgery can also spark disputes. Fraud might involve tricking the testator into signing a will under false pretenses, while forgery involves creating or altering a document without authorization.

5. Improper Execution

Every state has specific rules about how a will or trust should be signed and witnessed. If these rules aren’t followed to the letter, the will can be contested for not being executed properly.

6. Newer Will or Estate Planning Documents Found

If a newer estate plan turns up after the testator has passed away, it can lead to disputes, especially if the newer document changes how the estate is divided.

7. Confusing or Vague Language

If any language is unclear or ambiguous, beneficiaries might interpret it differently, leading to conflicts. Clear, precise wording is crucial to avoid these misunderstandings.

A qualifed estate planning attorney will make sure none of these scenarnio’s apply to your estate plan. For a quality professional to draft or review your estate plan, contact us now! Next time we will discuss what can be done to ensure your estate is not contested!