Being an executor of your loved one’s will can be challenging. You have to manage the estate and settle any outstanding debts. You may even have to navigate and manage disputes among the beneficiaries. If disagreements escalate, it may even lead to someone contesting or challenging the will.
A will contest is a legal dispute over the validity of the will. While it’s not common, understanding what it means under California law – as well as what your duties and potential liabilities might be – is crucial if you’re an executor.
What are valid grounds for contesting a will?
A beneficiary or a party with an interest in the estate can contest a will based on four grounds:
- Lack of testamentary capacity: The testator – the person who made the will – was not of sound mind when making the will.
- Fraud or undue influence: Someone manipulated the testator or misrepresented facts.
- Existence of a later valid will: A newer will contradicts the contested will.
- Improper execution or unclear provisions: The will fails to meet legal requirements or contains ambiguous terms.
During a will contest, an executor must continue to manage the estate and its assets. You should also keep beneficiaries, heirs and other interested parties informed about the status of the will contest and any developments that may affect the estate. Depending on the court’s requirements or legal counsel’s requests, you may need to provide relevant documentation. This can include financial statements and records of estate assets.
Throughout the process, an executor must remain neutral and not take sides in the dispute. You must act in the best interest of the estate and all beneficiaries.
Can an executor face liabilities during a will contest?
During a will contest, you may face liabilities if you fail to fulfill your duties properly. Executors are responsible for managing the estate’s assets and ensuring that all actions comply with legal standards. If you mismanage assets, fail to communicate effectively with interested parties or do not adhere to court orders, you may be liable for any resulting losses or damages to the estate.
A will contest can make a challenging role even more difficult. In cases like these, seeking professional legal advice may be necessary. An attorney can guide you through the process and assist with your responsibilities.