If your parent’s will names only some of their grandchildren as beneficiaries, this reality can understandably inspire questions, confusion and – possibly – family conflict. A grandchild who has been left out and parents of a grandchild who have been excluded may, therefore, wonder what rights an unnamed child has and whether the will in question can be effectively challenged.
Ultimately, in most states, including those where many estate laws follow common legal principles, people have the right to distribute their assets however they choose. That means a grandparent is not legally required to leave anything to their grandchildren. If a will names only certain grandchildren and not others, that decision may have been intentional.
However, it’s also possible that the omission that is concerning you was a mistake. For example, the will may have been created years ago, before some grandchildren were born. In other cases, a grandparent may have been unaware of a grandchild’s existence due to estrangement or other family dynamics. If there’s reason to believe the omission was unintentional or the result of poor legal drafting, there may be grounds to contest the will.
Another possibility is undue influence. If someone pressured or manipulated your parent into changing their will to benefit certain people and exclude others, that issue could be challenged in court. The same is true if there’s evidence that your parent was not mentally capable of understanding what they were doing at the time it was signed.
Taking action
Time limits apply to contesting a will, so if you believe there’s a problem, you should speak with a skilled legal team as soon as possible. Estate disputes are never easy, especially when they involve close family members. But when a will appears unfair or potentially invalid, legal action may be the only way to ensure that your parent’s true wishes are honored.