Last Minute Will Changes Increase the Likelihood of Estate Litigation

For some, they may estate plan early in their life, but also update their estate plan frequently. There is nothing wrong with this, as updating an estate plan is much more preferable to letting it fall out of date. However, as you get older, it strongly behooves you to limit how often you update your estate plan or at least set a schedule in which you go over it.

While estate litigation can spring up from a number of issues, in many cases, it is caused by an update made shortly before passing away. If you were sick or even just pass away suddenly, the family member that had their portion of the estate plan changed may be suspicious. They may call into question whether you were in the right state of mind to change your estate plan, even going so far as to suggest coercion by another.

What they can do is challenge the will in court in an effort to get it thrown out to their benefit. However, in most cases, this case can only be argued if there was a sudden last minute change and you can be proven to be mentally incompetent before your passing. For example, they may have a case if you had been suffering from dementia and a long illness. However, if you were to get hit by a bus after a visit to the estate attorney, it probably can’t be argued that you were not fit to change your will.

While estate planning can be very fun and there are those that love to make addendums to their estate plan, it make be beneficial to everyone if you put changing your estate plan on a schedule if you are getting older. No one wants to put effort into crafting and estate plan only for it to be torn apart after they pass.

If you have a will that you want challenged or want to make sure your estate plan is solid, contact us today.