Temmerman, Cilley,
Kohlmann & Norcia
November 16th, 2025
Could an outdated will justify probate litigation? Can concerned parties use outdated documents as a justification to contest a will?
Wills are often the only estate planning instrument a person creates. The document that a testator drafts could have a profound impact on what happens to their property after they pass and what support their loved ones can access. People expecting to inherit from an estate and the personal representative administering an estate usually defer to wills during probate proceedings.
However, in some cases, people may question whether a will is accurate and valid. They may potentially be able to contest the will in probate court.
Typically, wills retain their legal authority indefinitely. It does not matter how old the document is or how old the testator was when they drafted the document. Still, people with a potential right to inherit could raise questions about whether the instrument actually reflects the desires of the deceased individual.
