Common Ways That an Estate Plan May Be Challenged

Key Takeaways

• An estate plan challenge occurs when someone disputes the validity or content of an individual’s estate planning documents, such as a will or trust.
• Common reasons for challenging an estate plan include believing the estate plan is invalid, having concerns with the content of the estate plan, and disputes over how assets in the plan should be managed. 
• The process of challenging an estate plan includes reviewing the estate planning documents, attempting to resolve the challenge through mediation, petitioning the court, and attending a court hearing. 
• Take steps to prevent estate plan challenges by maintaining clear communication with beneficiaries and engaging the support of a skilled estate litigation attorney.

Introduction

The death of a family member presents a tumultuous time, opening the door to difficult legal questions while already navigating a heavy emotional weight. Fortunately, when a loved one leaves behind a comprehensive estate plan, like a will or trust, it can simplify the process by providing a clear roadmap for how their assets should be administered and distributed. 

However, if there are concerns about whether the content of an estate plan accurately reflects the true wishes of its creator or how the plan should be administered, An estate plan challenge plays an important role in preserving the true intent of the estate plan’s creator, and if you suspect their wishes have been compromised in some way, you should contact a skilled attorney as soon as possible to challenge the document.

Estate plan challenges can arise for various reasons, from suspicions of fraud to disagreements regarding asset valuation, potentially leading to heated conflicts that could affect long-standing family relationships. It’s important to understand both how to initiate an estate plan challenge and how to defend against one. This guide outlines the circumstances under which an estate plan challenge may be necessary and what to expect from the process.

What Is an Estate Plan?

An estate plan is a detailed strategy that outlines an individual’s estate assets, specifies their wishes for how these assets are handled, and identifies beneficiaries to receive them. An estate plan is documented in writing, including a last will and testament, a trust document, a power of attorney, or an advance healthcare directive.

Having an estate plan in place helps to prevent ambiguity or legal disputes surrounding how assets should be handled after you pass away. The plan acts as a clear roadmap for a trustee or executor to follow when administering your estate and distributing assets to beneficiaries.

What Is an Estate Plan Challenge?

An estate plan challenge is a legal contest raised when an interested party in the estate questions the validity or accuracy of the document or disagrees with the terms laid out within it. An estate plan challenge is also known as a will contest or trust dispute, referring to the type of dispute being raised.

The challenge may serve various purposes, which depend on the nature of the issue in question. Reasons to challenge an estate plan can range from believing the plan does not reflect the creator’s true wishes and should be invalidated to seeking a greater share of an inheritance while believing that you were wrongfully excluded as a beneficiary.

Who Can Challenge an Estate Plan?

An “interested party” in an estate or trust has standing to challenge it. An interested party is anyone who has a vested interest in the financial outcomes of an estate plan, which typically includes identified beneficiaries, legal heirs, and creditors. For example, a child of the decedent may challenge an estate plan if they suspect it was created under duress, as the child would be in line to inherit according to the laws of intestate succession if the will is invalidated.

Estate Plan Challenge Types Explained

An estate plan can be challenged only when there are valid legal grounds for doing so. The reasons for challenging an estate plan can be broken into the categories below.

Challenges Related to the Creation and Execution of Estate Planning Documents

If there is any suspicion about the integrity of the estate planning documents or the process in which it was executed, interested parties can challenge the estate plan and its legitimacy by asserting that the requirements for creating a legitimate estate plan were not met.

Improper Execution and Formalities

A will or trust must be executed in accordance with specific procedures described in governing state law to be considered valid.  For example, in California, a will must be witnessed in the presence of two subscribing witnesses. If the will has not been witnessed, it may be invalid because it does not meet the will formalities.

State requirements may vary, as some states require three witnesses while others may require the document to be notarized. Regardless of the nuances, a signature and related criteria are essential to making the document legitimate in the eyes of the court. If these criteria were not met, the will or trust document can be contested and invalidated.

Lack of Testamentary Capacity

If a testator or trustor lacks mental capacity when creating all or part of their estate plan, a successful legal challenge could invalidate the estate plan or the affected portions. Testamentary capacity constitutes an individual’s mental and legal ability to create a valid estate plan, and is a fundamental requirement.

To have testamentary capacity, a trustor must be over the age of 18, of sound mind, and be able to demonstrate that they have the intention to create an estate plan, understand the consequences of their decisions, and have the ability to decide who should receive these assets. Evidence proving testamentary capacity or a lack thereof may involve a combination of medical records and witness testimony that can provide context for an individual’s mental state at the time of drafting.

Fraud

A will or trust document procured through fraud is subject to a legal challenge and can be invalidated. Estate fraud occurs when someone alters an estate plan against the wishes of the estate plan’s original creator, and may range from deceiving someone into changing their own estate plan to outright stealing estate assets as the executor of an estate. Fraud may be proven with a combination of circumstantial evidence, like witness testimony attesting to the decedent’s original true intent, as well as tangible evidence, like forensic analysis and the comparison of all versions of the estate plan. 

Forgery

An act of forgery takes place when you suspect that the estate plan was signed or altered by someone other than the decedent. Like any instance of forgery, this act during estate planning delegitimizes the integrity of the plan, signaling that it does not reflect the true wishes of the testator or trustor. The most common form of forgery occurs when the document is signed or altered by an individual who is not the decedent. In circumstances where forgery can be proven through methods such as forensic signature analysis or witness testimony, the estate plan may be invalidated.

Challenges Based on the Content and Intent of the Estate Plan

Challenges relating to the content and intent of an estate plan focus on contesting the accuracy of the terms that are established in the document.

Undue Influence 

If a trustor or testator was affected by undue influence, this can have severe consequences on the legitimacy of their estate plan and provide grounds for a substantial legal challenge. Undue influence occurs when an individual, acting in their own self-interest, pressures a vulnerable individual to make alterations to their estate plan at the expense of the person who has been influenced. An act of undue influence means that the information included in the estate plan likely does not reflect the true wishes of the trustor or testator, and is grounds for invalidating the document.

Superseding Documents

The existence of a more recent will or trust document is grounds for challenging any previous wills or trusts used to guide the administration of the estate or trust. For example, if an outdated will was submitted to probate, then interested parties can challenge the document so that it is not used to guide estate administration. The success of this contest will hinge on whether the more recent estate plan was executed correctly and whether it was clear that the document was created with the intention to replace and revoke the previous will or trust.

Ambiguity or Vagueness in the Estate Plan

An estate plan with vague or ambiguous terms can be contested on the grounds that the plan cannot clearly be executed in accordance with the creator’s original intent due to a lack of clarity. A legal challenge may be necessary to determine these intentions. The contesting party may need to gather evidence to support their challenge and clarify the creator’s intent, such as previous communications with the will or trust creator or any previous estate plan documents that were created. 

Challenges to Beneficiary Designations

A legal challenge to a beneficiary designation may assert that a beneficiary currently included or excluded in the will or trust does not accurately reflect the decedent’s wishes. These types of challenges are often related to the above types of challenges, as they typically assert that the decedent’s designations of beneficiaries were wrongfully affected by factors such as undue influence, fraud, or a lack of capacity.

A challenge will assert that the beneficiary designations are inaccurate, often requiring evidence that demonstrates circumstances that would invalidate the designations, such as fraud or a lack of sound decision-making. A successful challenge could lead to either a modification of the estate plan’s listed beneficiaries or a complete revocation of the document.

Disinheritance and Exclusion of Heirs

Individuals excluded from a will or trust may have a right to challenge the estate plan if they believe they were unintentionally left out and are entitled to a share of the inheritance. If an individual has a right to inherit a portion of an inheritance according to state intestacy laws, such as an excluded child, they may assert their claim to a share of the inheritance. 

An excluded individual is referred to as a pretermitted heir. A successful challenge that demonstrates the heir was not intentionally excluded could result in the heir receiving an equal share of the inheritance as the other heirs, as described by state intestacy laws.

A common example of excluded heirs is an omitted spouse. A will or trust creator may omit a spouse from their estate plan if it was created prior to their marriage and they failed to update it, or if they failed to include them when writing. In some cases, a spouse may be omitted if the creator was unduly influenced or coerced into removing their spouse from the plan. However, the surviving spouse often retains a legal right to inherit from their deceased loved one’s estate under most states’ laws, which can open the door to a challenge to assert this right.

Challenges Related to the Estate and Its Assets

The final type of challenge is any contest that expresses concern or disagreement surrounding how assets will be distributed to interested parties. These challenges center on an interested party either believing they have a right to a greater share of an inheritance than they are currently entitled to or having general concerns about the proper management of assets.

These types of challenges may include:

• Disputes Over Asset Valuation and Distribution: Interested parties may dispute that the value of assets is not accurately reflected in the document, raising a challenge to appraise their value and ensure a fair distribution to beneficiaries.
• Creditor Claims: Creditor claim disputes may arise when creditors and estate administrators disagree regarding the estate or trust’s obligation to pay them.
• Mismanagement of Assets by a Fiduciary: Beneficiaries may challenge the estate administration process when they suspect a fiduciary is mismanaging assets by engaging in actions like self-dealing or irresponsible investing.

These challenges focus on ensuring that interested parties receive a fair and just share of an estate. An attorney can help review the facts of your case to determine if you have grounds for a challenge around any of the above issues.

The Legal Process of Challenging an Estate Plan

Challenging an estate plan requires a specific process to ensure that there is the opportunity to review evidence, engage interested parties, and seek an effective resolution.

Will Contests and Trust Disputes

Will contests and trust disputes are formal legal challenges intended to dispute the validity of a written estate plan. To initiate such a challenge, it’s essential to understand the legal process involved. 

The deadline to pursue a will or trust contest depends on state law. In California, this deadline is 120 days from the time a will is submitted to probate or the time a trustee issues Statutory Notification 16061.7 Notification by Trustee to initiate the trust contest. It’s essential to initiate your challenge as soon as possible to avoid losing your opportunity to contest the estate plan. 

Once you ensure that you are within the deadline to challenge an estate plan, follow the following steps:

1. Consult an Attorney – Your first step should always be to consult an attorney to assess whether you have grounds and standing to initiate a challenge.
2. Petition the Court – Once verifying grounds for your contest, petition the probate court to initiate a contest of the trust or will. 
3. Gather Evidence – Gather as much circumstantial and tangible evidence as possible to support your challenge and bolster your claim in court.
4. Mediation – Whenever possible, it’s best to attempt to settle a matter through mediation with the other interested parties in an estate to avoid the costs and time associated with litigation.
5. Attend a Court Hearing – If mediation is unsuccessful, prepare with your attorney to attend a court hearing where each side presents their case for either challenging the estate plan or maintaining the status quo. The judge will make a final decision.

An estate plan challenge can be a time-consuming and complex process, depending on the circumstances of the case. An attorney can provide the guidance and support necessary to navigate the required steps and seek a resolution as quickly as possible. 

Evidence and Proof in Estate Challenges

Both tangible and circumstantial evidence are crucial in estate plan challenges to substantiate your claim for the court. However, the necessary evidence depends on the nature of the challenge. For example, in a case questioning whether an individual had testamentary capacity to create a valid estate plan, appropriate evidence may include medical records and expert testimony to provide context for the creator’s mental state at the time of creating their plan.

In another example, if you are a pretermitted heir who was unintentionally left out of a will or estate plan, you should provide evidence that you are related to the decedent and are entitled to a share of the estate under state intestacy law, such as family records or paternity testing. A pretermitted heir would also need to provide evidence that they were not intentionally excluded, such as past communications with the testator or testimony from witnesses close to the decedent.

Often, in estate plan challenges, there is no single piece of evidence that serves as a smoking gun to demonstrate an act such as fraud or undue influence. Instead, it’s important to gather as much evidence as possible to support your claim. An attorney can be a valuable resource in helping you gather as much evidence as possible related to your case so that you can establish the grounds for your challenge.

Potential Outcomes of a Successful Challenge

Potential outcomes of a successful estate plan challenge vary depending on the nature of the dispute. Based on the evidence presented, the court will provide a ruling in the best interests of the trust or estate and the decedent’s original intentions. 

Possible outcomes include: 

• Modification of the estate plan to address ambiguous or unclear language
• The invalidation of a will or trust and the use of an older document to guide estate distribution
• The invalidation of a will or trust and the distribution of assets through intestate succession, if there was no previous estate plan
• Removal of a trustee, executor, or administrator who has breached their fiduciary duty
• A court order urging a trustee or executor to take action
• The court requiring the trustee to pay the trust or estate for financial losses due to their negligence or wrongdoing 

These are just a few examples of potential outcomes to legal challenges, which may depend on the nature of your case. Bear in mind, only a skilled attorney can help you identify the most likely potential outcomes based on the unique circumstances and context of your case.

Preventing Estate Plan Challenges: Proactive Strategies

Consider the strategies below for preventing an estate plan challenge before having to navigate the complete legal process.

The Role of a Qualified Estate Litigation Attorney

A qualified estate litigation attorney can be a valuable resource in minimizing the effects of an estate plan challenge. Even if discrepancies exist in the estate plan that may lead to disputes, a skilled attorney may be able to help facilitate a solution before a challenge or litigation is necessary. 

An attorney may help navigate alternative dispute resolution methods such as mediation or negotiation, which can bring forth an amicable resolution without having to pursue litigation. During this process, the attorney will engage the support of a third-party mediator who can encourage conversation between interested parties in order to facilitate dialogue in search of a mutually agreeable resolution.

If these alternative dispute resolution methods are unsuccessful and litigation is necessary as a last resort, an attorney will offer the necessary support to seek a resolution as soon as possible. A trust or estate litigation attorney will gather evidence about the case and present this evidence before the judge in court to preserve the interests of the estate they are representing.

Maintaining Clear Communication with Family and Beneficiaries

Failing to communicate one’s wishes to family members and beneficiaries is one of the most common estate planning mistakes. Communication plays a pivotal role in preventing disputes and minimizing the scale of the conflicts that occur. During the estate planning process, the estate plan creator should openly communicate their intentions for estate assets and how they wish for them to be distributed after they pass away. When family members understand what to expect upfront, they are less likely to be caught off guard and raise disputes later in the process.

During the trust or estate administration process, the trustee, executor, or estate administrator should maintain open communication with the beneficiaries, legal heirs, and any other interested parties by providing regular updates. Consistent communication and transparency are crucial for alleviating concerns and minimizing the risk of disputes. If disputes do occur, strategies like mediation and negotiation can foster an environment of open communication to seek a resolution before the matter escalates to more contentious litigation.

Contact RMO Lawyers for Help With Estate Plan Challenges

An estate plan may be challenged when an interested party suspects it does not accurately reflect the creator’s true intentions, whether due to fraud, undue influence, or a trustee failing to follow its terms. If you are facing an estate plan challenge or believe you have grounds to challenge an estate plan, it’s advisable to consult a skilled estate litigation attorney as soon as possible.  

With decades of experience in resolving estate plan challenges through both trust and estate litigation, the probate and estate litigation attorneys at RMO may be able to support you on either side of an estate plan challenge. We will take the time and attention necessary to understand the unique circumstances and family dynamics surrounding your case, building an effective legal strategy in search of the best possible outcome focused on securing your right to an inheritance.

Schedule a consultation with the attorneys at RMO to discuss your case and how to proceed. 

Frequently Asked Questions

Glossary

Executor – The person named in a will who is responsible for managing the estate and ensuring the will’s terms are carried out.

Intestate Succession – The process by which assets from a deceased individual’s estate are distributed in accordance with state law. 

Pretermitted Heir – An individual who has a legal right to an inheritance but was unintentionally or unknowingly excluded from a will by the will’s creator.

State Intestacy Laws – State laws that specify an order of priority for the distribution of a deceased individual’s assets.

Trust Contest – A legal process where a party challenges the validity, terms, or administration of a trust.

Trustee – A person appointed by a trust’s creator to coordinate the administration of the trust, manage the trust’s assets and distribute the assets to the trust’s beneficiaries.

Undue Influence – When an individual asserts influence on a vulnerable person to the degree that the compromised person’s will is overcome, often to make changes to their estate planning documents, retirement and insurance policy beneficiaries, bank accounts, and real property, for their own personal, unfair gain.

Will Contest – A legal challenge to the validity of a will, typically initiated by interested parties who dispute the terms, execution, or authenticity of the document.