Family members, people who expect to inherit from an estate, and even creditors, sometimes question the validity of a will. People can contest wills that contain illegal provisions.
They can also ask the courts to rule on whether a testator was subject to undue influence that undermined their wishes or lacked the testamentary capacity necessary to draft a valid will. If the courts agree that the will is invalid, that determination can have a profound impact on the upcoming probate process.
What happens when the courts decide to set aside a will?
There are two common solutions available
If the testator made changes to a will later in life that the courts set aside due to credible claims of undue influence or a lack of testamentary capacity, then the courts may defer to a prior version of the document during estate administration. The earlier wills can influence what the courts deem appropriate when allocating the decedent’s property.
If there are no earlier versions of the will or if those documents appear to include the same questionable terms, possibly due to illegal provisions in an estate plan, then the courts may treat the estate as though the testator died without a will. Intestate succession laws outline how the court should distribute property. The focus is on the protection of immediate family members.
Reviewing the history of an estate plan with a probate lawyer can help concerned parties better predict how the courts may respond if a will contest is successful. Those who contest wills need evidence of problematic circumstances and must understand the potential consequences of their decision to take legal action before moving forward with any kind of well-founded confidence.