For many people, estate planning is a relatively unpleasant process. No one wants to think about their own mortality or about the suffering of their loved ones after they die. Some people indefinitely procrastinate about estate planning to avoid this unpleasant experience.
Many others make the effort for the protection of their loved ones at some point and then assume that they have indefinite protection. People who may believe that they have effective estate plans in place might have left themselves exposed unintentionally.
Close family members may question the validity of a will that seems outdated. The more time that has passed since a testator established or revised their documents, the greater the chances of others raising credible questions about the validity of those documents.
How old is too old for a will?
There is no expiration date on wills and other testamentary instruments. Provided that they accurately reflect an individual’s wishes, they retain their legal authority for decades. Still, those with an interest in the estate might have grounds to question the document in probate court in some scenarios.
For example, if the estate plan predates the birth of several family members and does not extend any inheritance to those children or grandchildren, the omitted family members could potentially claim that the will is invalid and their omission was unintentional. They can ask the courts to review the document and the circumstances by contesting the will.
Typically, a will contest based on outdated documents requires a scenario in which there have been significant changes that should have prompted revisions to the estate plan. There is no guarantee of success in a will contest, but the process of litigating a testamentary instrument can drastically alter probate proceedings.
The timeline for estate administration may increase substantially. The cost of litigation may diminish what everyone ultimately inherits from the state. People creating estate plans may need to make an effort to review their documents every few years and update them as necessary.
Those with an interest in an estate may need to review the will and other documents included in the estate plan carefully with a skilled legal team to determine if they have grounds for litigation. Careful estate planning and appropriate probate actions can help ensure that an individual leaves the legacy they intended after they die.