Reading a will after someone dies often leads to surprises for people who expect to inherit from an estate. Particularly when the deceased individual never discussed their plans with their loved ones, people may not know what to expect.
In some cases, families learn that a testator earmarked a large portion of their estate for charity. Other times, they may have seemingly prioritized one or two beneficiaries over everyone else. Occasionally, family members feel shocked and even distressed as they realize that the will might not include provisions for children, new spouses or grandchildren.
In some cases, the people left out of a will may believe that the age of the document is to blame. If the testator drafted their will decades ago and never modified it despite changes in their life, could that provide the basis for probate litigation seeking to challenge the will?
Outdated documents can lead to litigation
Clearly outdated wills may not actually reflect what an individual wanted for their property or their loved ones later in life. People sometimes forget how important it is to update their testamentary instruments as their personal circumstances, finances and families change.
Perhaps the deceased individual divorced years ago, but the will still mentions their former spouse, not their new spouse, as the main beneficiary. Maybe the decedent drafted a will when they first became a parent but then never updated the document despite adding multiple other children to their family.
In scenarios where the date of the will’s creation makes it clear that the testator planned long before they had a spouse or children to support, the probate courts may take that into consideration. When there is reason to believe that an individual wanted to support immediate family members but drafted a will before they had responsibility for those individuals, it may be possible to ask the courts to set aside an outdated and therefore inaccurate will.
Those feeling truly concerned about the contents of an estate plan may need help reviewing whether their circumstances warrant probate litigation. With the right support and a reasonable legal strategy, people who expected to inherit may be able to convince the courts to set aside a will that omits them.