Can an Executor Contest a Will Amendment?

A can an executor contest a will a deceased person’s wishes as to how their property (estate) is to be distributed after their death. It also identifies who is responsible for managing their estate until it can be distributed.

The executor is charged with protecting the interests of beneficiaries, so if they are not doing this, beneficiaries may be able to challenge their actions through a process known as a will contest. In order to understand whether or not you have standing to pursue a will contest, it is important to know what assets are at issue in the case.

Can a Will Amendment be Contested?

Sometimes, a decedent’s will changes significantly after they die. In these cases, the changes are often reflected in a document called a codicil. This document is a legal amendment to the original will. Codicils can be contested, but only when it was executed during a time in which the decedent had capacity or the changes are the result of undue influence, fraud, misstatement, duress or menace.

Can an Executor Contest a Will? Unraveling the Executor’s Rights and Limitations

Executors are required to value all of the assets in the deceased’s estate and keep records of these valuations. This can include everything from the contents of safe deposit boxes to family heirlooms and even private company shares, intellectual property and crypto currency. This process is complicated and requires the help of expert witnesses who can provide evidence as to the value of these items. It is important to note that if a beneficiary is concerned about the way that an executor is handling their duties, they can formally “renounce” their position and allow someone else to take over.

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