A will determines who will get what property and helps protect the rights of the heirs when the owner passes away. Contenting and overturning a will is a difficult legal process, but potential heirs can initiate this process to protect their rights. Probate courts usually seek to honor the wishes of the deceased estate owner unless a valid reason to overturn it emerges.
However, disinherited or disgruntled heirs contest a will if they feel the will violated some rights or was not prepared appropriately. This article will highlight the grounds for challenging a will and how to deal with heirs who contest the will.
Understanding Potential Heirs
These are the dependents who would legally get a share of the estate or assets of the deceased in the absence of a will. Heirs typically include children, relatives, parents, and people who depend on the estate owner.
However, beneficiaries are the people named in the will as the people who would inherit the estates of the deceased if the will is not challenged. Heirs and beneficiaries are allowed under the law to begin probate litigation if they have valid grounds to do so.
That is why it is a requirement to notify all the people with an interest in the estate about probate proceedings. Any disgruntled or disinherited heirs can raise objections if their rights are violated.
Reasons to Contest a Will
If the estate owner follows the relevant steps when preparing a will, their wishes are often honored when they pass on. Therefore, cases of will objections are rare. Potential heirs cannot contest the will just because they are not happy with the way estates will be distributed.
However, they can challenge it if the testator did not sign the will in the presence of at least two witnesses, who also sign it. Potential heirs can also object to a will if the deceased had no testamentary capacity to make sound decisions when writing the will.
Memory loss, confusion, and mental health challenges could indicate the testator was not of sound mind. However, this requires proof and medical diagnosis to support the objection.
Undue influence or fraud are other reasons to contest a will. If the deceased was coerced or influenced, the will can be objected to, especially if there is evidence to support this claim. A more recent, valid will can also invalidate a previous one. However, last-minute changes to the will could indicate coercion or influence.
Can Potential Heirs Challenge a Will When the Estate Is Closed?
After paying all debts and distributing assets as outlined in the will, the executor has to notify the court that the process is complete. However, the probate process can be reopened if crucial information, such as the discovery of a bank account that the heirs and executor were not aware existed.
Opening the estate does not entail challenging the will. The will can be contested after the estate is closed under different situations, such as if another child the deceased was not aware of emerges or potential heirs were not notified as required.
How to Avoid Disinherited Heir Conflicts
Estate owners can use various tools such as trusts, beneficiary designations, direct transfers, and joint ownership to bypass the complex probate process. However, estate owners should work with a competent estate planning attorney to prevent disputes and deal with heirs who might challenge the will.
Probate cases can arise due to many reasons, as explained. That is why estate owners should seek estate planning services to reduce the risk of probate cases. Using legal tools to protect the will of the estate owner can help reduce conflicts and will objections.