In recent years, our firm has observed a significant increase in the number of will contests across South Carolina and nationwide. These disputes challenge the validity of a deceased person’s will and have become increasingly common as family dynamics grow more complex and estate values rise. This edition examines this trend and what it means for your estate planning.
Why Are Will Contests on the Rise?
Several factors contribute to this growing phenomenon:
- Complex Family Structures: With blended families becoming more common, competing interests between current spouses, ex-spouses, and children from different relationships can create tensions.
- Increased Asset Values: As property values and investment portfolios have grown, the financial stakes in estate matters have risen accordingly.
- Mental Capacity Concerns: As people live longer, questions about testamentary capacity have become more prevalent, particularly in cases involving dementia or cognitive decline.
- Do-It-Yourself Planning: The growing number of online will-making tools has led to improperly executed documents that may not withstand legal scrutiny.
High-Profile Will Contests in the Headlines
The Lisa Marie Presley estate dispute has captured significant attention since her passing in 2023. The only child of Elvis Presley left behind a complex estate, with her mother Priscilla initially contesting a 2016 amendment that removed her as a trustee in favor of Lisa Marie’s daughter, Riley Keough. The case highlighted how even carefully crafted estate plans can be challenged, particularly when substantial assets and family dynamics are involved. The parties eventually reached a settlement, with Keough becoming the sole trustee of her mother’s estate.
Other notable recent will contests include Aretha Franklin’s handwritten wills discovered under sofa cushions, leading to years of family litigation and Larry King’s handwritten amendment to his will, which excluded his estranged wife and created some legal challenges.
Common Grounds for Will Contests
Will contests typically center around four main claims:
- Lack of Testamentary Capacity: Allegations that the testator didn’t understand the nature of their assets, who should naturally receive them, or the legal effect of the will
- Undue Influence: Claims that someone manipulated the testator into making provisions they wouldn’t otherwise have made
- Fraud or Forgery: Assertions that signatures or entire documents were falsified
- Improper Execution: Technical challenges based on failure to comply with witness requirements and other formalities
Protecting Your Estate Plan from Contests
We recommend several strategies to minimize the risk of your will being contested:
- Regular Updates: Review and update your estate plans after major life events such as marriages, divorces, births, or significant asset acquisitions
- Clear Documentation: Maintain records that demonstrate your mental capacity at the time documents are executed
- No-Contest Clauses: Consider including provisions that disinherit beneficiaries who unsuccessfully challenge your will
- Professional Guidance: Work with experienced estate planning attorneys rather than relying on DIY solutions
- Open Communication: When appropriate, discuss your intentions with family members to reduce surprise and resentment
Contact us today 864-699-9801 to schedule a consultation and ensure your legacy is protected according to your wishes. We are located in Spartanburg, South Carolina.
