Certain people naturally expect to inherit from an estate. Spouses and children of those who pass may expect to be among the beneficiaries listed in a will. Unfortunately, the will reading may reveal surprising terms.
The testator may have omitted one or more of their children. They may have failed to include their spouse or long-term romantic partner in the documents. The people expecting to inherit but not included as beneficiaries may have questions about their rights.
Can those expecting an inheritance based on their relationship or prior communication with the testator contest a will due to their omission from the testator’s will?
Omissions might not be intentional
Will contests related to omissions generally fall into one of two categories. In some cases, spouses omitted from wills can contest the will and request their statutory right of inheritance. People generally cannot fully disinherit their spouses by leaving them out of a will or other estate planning documents. Spouses have a right to an elective share of the estate regardless of what the will says.
If the omitted individuals are children, grandchildren or others promised an inheritance, people might contest the will by pointing out that it was relatively outdated. Grandchildren and children not included as beneficiaries might be able to point to the date of the document signing as an indicator that their omission was accidental.
People who fail to update their wills as their circumstances change might unintentionally deprive their loved ones of an inheritance. Those contemplating probate litigation because they did not inherit any property may need assistance as they review the document and learn more about their legal rights. Contesting an outdated and inaccurate will or a will that includes illegal provisions can help people who feel justifiably surprised by the terms of an estate plan.
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