Many adults never get around to establishing an estate plan. They eventually die without a will because they always assumed they could draft one later. Chronic procrastination is arguably the most common mistake people make about estate planning.
However, others may make a similar but different error. They draft documents as soon as they have dependents to protect or assets to distribute. They then convince themselves that they have all the protection they require. Unfortunately, people may fail to recognize how their estate planning needs evolve over time.
Individuals may die with documents on record that are decades old and worryingly inaccurate. Do surviving family members potentially have the option of contesting a will on the basis of it being old and inaccurate?
Outdated documents could justify litigation
Technically, wills do not lose their authority due to age. A will drafted on an 18th birthday could still control the descent of a person’s property if they die in their 90s. Still, if a will is old and inaccurate, the people who have close relationships with the decedent and a potential interest in their estate could ask the courts to set aside outdated documents.
For example, a will drafted after the birth of a first child may only include that one child as a beneficiary. If the testator went on to have three more children, the younger children could cooperatively pursue a will contest on the basis that the document was inaccurate due to its age and their exclusion was unintentional. Unless there are clear indications that the testator intended to disinherit three of their children, the courts could set aside a will compromised by outdated terms.
Factors, including the changes that occurred after the testator drafted the will, may influence what the courts believe is appropriate when reviewing will contests based on the omission of certain people or highly outdated terms. The inclusion of deceased beneficiaries or assets liquidated long ago could raise questions about the accuracy of a will. The omission of spouses and children can also raise red flags.
Discussing the possibility of probate litigation can help those disappointed by a will take appropriate action. The courts can set aside old documents in certain cases to protect those who may have been intended beneficiaries or legal heirs if there had been no will.