Can a 30+ year old will be contested on the basis of being out-dated?
Question Details: My Grandmother drafted a will in the early 70's after my Grandfather died. Due to the fact that her grandchildren were very young at the time, she chose to split the will evenly between her two children and did not make any provisions for her grandchildren at the time. Many, many years later she expressed that she wished to change the will to include her grandchildren, but never did. If she were to die with this outdated will, could her grandchildren contest the will on the basis of it being out-dated and the fact of her expressed desires to ammend the will to include them?
Wills, Trusts, Probate Law Answers
No, a Will cannot be contested on this basis. A Will cannot become outdated. Certain provisions may become null and void (due to changes in an individual's personal circumstances, a new law taking effect, or the like) but typically the overall Will will still be valid.
The thought is that if your grandmother truly wished to include her grandchildren she would have made a "codicil" (amendment) to the existing Will or she would have drafted a new Will altogether. Absent other facts not presented here, a court will not override the intent of an existing instrument.
Related Wills, Trusts, Probate Questions
- Contested Vs. Uncontested Divorce In New York: What's The Difference?
- How is the basis of property determined for income tax purposes?
- When a Spouse Does Not Sign Divorce Papers: Divorce by Default Proceeding
- TX Jury Awards Paralyzed Teen $12M In Defective Goodrich Tire Lawsuit
- Long Island Divorce Attorney Answers Divorce FAQs
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen210 Answers|Points 10500Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen210 Answers|Points 10500Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
- Questions from Texas
- Wills, Trusts, Probate Law Questions
- Texas Wills, Trusts, Probate Law Questions
 |