Tips From the Pros: Bulletproofing the Estate PlanTips From the Pros: Bulletproofing the Estate Plan

A beneficiary may be motivated to contest a will or trust instrument because he believes he has sufficient grounds to invalidate the document (for example, due to forgery, lack of proper execution, fraud, incapacity, undue influence, duress) and stands to gain economically if successful. A successful challenge to the validity of a document will cause the decedent’s estate or trust to pass intestate or pursuant to an earlier document that wasn’t contested (or wasn’t contested successfully).

In some instances, a beneficiary may challenge the validity of only a portion of a document. If the beneficiary is successful, only that provision is eliminated, and the remainder of the will or trust instrument continues in effect. This approach, when ...