Estate administration is far from the boring process many people imagine. Personal representatives often have to address a variety of surprising circumstances, such as the discovery of unexpected assets or debts.
Other times, they may have to navigate conflict related to the testamentary instruments of the decedent. Sometimes, people may question whether a will is valid because it appears to be highly outdated and therefore inaccurate. What are some of the warning signs of an outdated will?
The document signing date
The easiest way to determine if a will is outdated is to look at the signature page and the date when the testator signed. The more years that have passed, the greater the likelihood that the documents became outdated without the testator making corrections. Wills technically do not expire, but documents that are decades old could be subject to contests in some cases.
The exclusion of certain people or assets
Many testators intend to leave resources for their close family members. Children and grandchildren often stand to inherit a significant portion of the estate’s resources.
If an individual expressed a desire to support their progeny, but their will does not include all of their children or any of their grandchildren, that could be indicative of outdated documents. The inclusion of a deceased family member or ex-spouse could also signify outdated terms.
The assets included in the document can also serve as a warning sign of outdated testamentary instruments. If people leave instructions for assets that they sold years ago or did not add provisions for high-value resources acquired after they drafted the document, there could be reason to question the validity of the will.
Outdated documents can lead to conflict among beneficiaries and possibly litigation in probate court. Analyzing a testamentary instrument with a skilled legal team can help personal representatives fulfill their fiduciary duty during estate administration.