Failing to update your will on a regular basis or creating a will that is poorly drafted can lead to a costly, drawn out will contest by your future heirs. Taking measures to prevent a will contest is extremely wise given that a contest can derail your wishes and be emotionally devastating to your loved ones during a time of grief.
Will contests are initiated by individuals who believe they have been wrongly disinherited. This may be family members, close friends or even business partners. The individual’s objection to the will is usually either that it does not reflect the intentions of the deceased or it fails to meet legal requirements.
First, in order to file the lawsuit to contest the will, the individual must show he or she has legal standing. This means the individual will be personally impacted by the outcome of the matter and typically includes the following:
- Current beneficiaries named in the will;
- Previous beneficiaries who were disinherited but included in the terms of a previous will; or
- Any person not named in the will, but eligible to inherit under Maryland’s laws of intestate succession.
Once it is determined that the individual or individuals meet the legal standing requirement, it must be shown to the Maryland probate court that the will is invalid due to one of the following reasons:
- The will does not meet the legal requirements defined by the Maryland statutes for creating a valid will.
- The testator lacked mental capacity at the time the will was executed.
- The testator was unduly influenced into signing the will. Undue influence is more than nagging or simple threats. It must be significant enough that it would cause someone to change an estate plan to benefit the influencer.
- The will was procured by fraud. If the testator signed thinking that the will was a different document or stated something to a different effect, that would be fraudulent.
If the will is successfully contested, the will becomes invalid and the distribution of assets falls in line with intestacy laws. This can be a terrible outcome with grossly unintended consequences.
How to Avoid a Will Contest
Advice #1: Discuss your wishes with your family. You do not have to divulge every detail of your estate planning strategy but communicate clearly enough your intentions so that your trusted family members understand your wishes.
Advice #2: Try to avoid outright disinheritances if possible. There are asset protection strategies available if you have concerns about a potential beneficiary who overspends, suffers from addiction or simply is not living a lifestyle you would choose.
Advice #3:Do not use a DIY will or any other estate planning documents found online. Having a knowledgeable estate planning attorney assess the specifics of your situation is critical to avoid unnecessary mistakes.
Advice #4: Review your estate plan periodically. Keep your documents up to date. If you have a significant life event such as a death, divorce or relocate to another state, be sure to update your estate plan right away.
The number of matters involving litigation of wills and trusts is increasing. Protect your legacy and do it right the first time. Contact the experienced estate planning attorneys at Stouffer Legal in the Greater Baltimore area for a consultation. You can schedule an appointment by calling us at (443) 470-3599, emailing us at office@stoufferlegal.com, or register for an upcoming free webinar using the link below:
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