Individuals who own valuable property have the right to decide what to do with those assets throughout their lives. They can also determine what happens with those resources after they die. In theory, a will or other estate planning documents can give the testator drafting them the power to establish a specific legacy.
That legacy might include providing resources for all but one of their children or skipping over their children entirely to leave an inheritance for their grandchildren. Sometimes, the people who do not inherit from an estate truly resent the decisions made by the decedent. They may try to contest or challenge the estate plan in probate court.
Does omission from a will warrant a contest?
Technically, very few people have the right to inherit from an individual who actually establishes an estate plan. Interstate succession laws protect the rights of spouses, children and even parents to inherit from an estate if someone dies without a will.
When people take the time to establish a will, interstate succession laws no longer apply. The only person who tends to have a right of inheritance when someone dies is their spouse. Their children and grandchildren do not necessarily have the right to demand an inheritance.
That being said, quite a few people may try to contest a will if it does not allocate any resources for them when a family member dies. People sometimes try to claim that their omission was a mistake and is an indicator of the testator making an oversight or failing to update their documents.
Such will contests do occasionally prevail and may result in the courts setting aside an otherwise valid estate plan for the benefit of an individual that the decedent intended to disinherit. The good news is that there are simple ways to avoid that exact situation.
Testators might create trusts, thereby avoiding will contests regarding the distribution of their property. They may also specifically mention the decision to disinherit one of their children or leave the disinherited individual a token inheritance that is worth a fraction of what others receive from the estate.
Testators who recognize that their loved ones may be unhappy with their decision to omit them from an estate plan can potentially create wills and trusts that may hold up even if there is conflict about their wishes. Recognizing that people may challenge an estate plan that omits them can be beneficial for those trying to leave a meaningful legacy without triggering conflict among their beneficiaries.