Did a loved one unintentionally omit certain beneficiaries?

 Posted on July 12, 2025 in Probate Litigation

The beneficiaries of an estate are people selected to inherit by the testator. People have the option of controlling their personal legacies by drafting wills before they die or their health significantly declines.

Most of the time, the people closest to an individual become their beneficiaries. Spouses, children and grandchildren frequently inherit from the estates of their loved ones. Occasionally, those who expect to inherit from an estate are not among the beneficiaries listed in a will.

Depending on the circumstances, that could be grounds for a will contest in probate court. The people left out of the will could ask the courts to consider the situation carefully and could end up inheriting after all.

Outdated documents can cause probate complications

Simply establishing an estate plan isn't enough to ensure a meaningful legacy. Testators generally need to routinely update their documents as their health, family and finances change. It is somewhat common for people to fail to update their documents when they divorce, remarry, lose a loved one or expand their families.

Depending on the date when an individual created their estate plan and how they communicated their legacy intentions to their family members, it may be possible in some cases to assert that their omission from estate planning documents was unintentional. If the document's creation predates changes to the family, it may not accurately reflect what the testator actually wanted. In such cases, the courts may agree to modify or set aside the testamentary instructions of the decedent.

Initiating probate litigation can help those omitted from a will unintentionally pursue the inheritance their loved one wanted them to receive. Disappointed beneficiaries may need help reviewing testamentary instruments and evaluating their options.