One reason for a potential estate dispute is if beneficiaries and family members claim that there was a lack of testamentary capacity on the part of the individual who was drafting the initial estate plan. They may claim that this plan is not valid or should not be followed as a result.
Testamentary capacity just refers to the idea that the person has the mental and cognitive ability to make an estate plan, understand their decisions and draft documents that are truly in their best interests. But this capacity can sometimes be lost over time, such as if an elderly person has a stroke or develops a condition like Alzheimer’s.
Last-minute changes to the estate plan
One way that this can lead to an estate dispute is if it turns out that there were last-minute alterations to an existing plan.
For example, perhaps a parent initially included all of their adult children in their estate plan. They then made updates to that plan a month before they passed away, removing one of those children.
Some beneficiaries may argue that that child was intentionally being disinherited and should not receive an inheritance. But the person who was left out of the will may claim that the elderly person no longer had the testamentary capacity to alter their own estate plan. As such, they believe that the earlier estate plan should be followed and that they should be given an inheritance.
They may believe that their parent simply forgot to include them in the revised plan and accidentally left them out, rather than intentionally disinheriting them.
Resolving a complex dispute
These types of estate disputes can be complicated because both sides may genuinely believe that they are correct, and it can have a major impact on how assets are distributed to beneficiaries. When such a dispute arises, those involved need to know about their legal options.