What happens if there are conflicting instructions in an estate plan?

On Behalf of Zigray Law Office, LLC | Aug 8, 2024 | Will Contests

Estate planning documents should always reflect the current wishes of the creator. The instruction within them should be clear, concise and able to be upheld in court. When there are any issues within the estate plan that make it difficult to know exactly what should happen, delays and disputes can arise. 

One issue that can lead to significant problems is when there are conflicting instructions within the estate plan. For example, if the will says that a specific beneficiary should receive the decedent’s stocks in full, but a trust names a different beneficiary for those same stocks, the conflicting instructions can lead to a battle between beneficiaries.

Resolution through mutual compromise

In some cases, beneficiaries may be able to work together to come up with a compromise. In the example above, the compromise could be that each party accepts half of the available stocks as their inheritance. This isn’t always possible, but it may be a faster and less costly option for resolving the conflict. 

Resolving conflicts through legal interpretation

It’s possible that beneficiaries won’t be able to resolve the matter amicably. In this case, the court will have to step in to determine the decedent’s wishes. Judges do this by examining documents and evidence to determine how to proceed. 

Estate litigation can be a complex undertaking. Anyone who feels they have a valid reason for wanting to challenge a will or any part of the estate plan should understand their legal options. Because these matters are often complicated, it’s best to work with someone who’s familiar with the circumstances and legal precedents that may impact the case.

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