Contesting a will...?

Question

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A grandmother wrote a will that leaves 1/2 of her money to her son (the executor of the will) and 1/2 to her daughter. The will stipulates that if one of the children dies, all the money goes to the other child. After the will was written, both the son and the daughter had children of their own.. and the executor did not recommend that the will be changed to reflect the change.

The daughter died, and then the grandmother died... and all her money was left to the son, instead of 1/2 to the son and 1/2 to her daughter's children.

Is there a conflict of interest here and grounds for contesting the will?

Answer 1

Anyone may contest anything, but it does not mean that he/she will prevail.

The role of the executor is to carry out the wishes of the estate's principal, not to recommend or not recommend any action. In this case, the daughter's death preceded the grandmother's death, so the grandmother had the opportunity to change the will if she so desired.

It might be argued that the executor exerted undue influence on the grandmother, to protect his own financial interests. However, without any proof of an actionable act, or extenuating circumstances, the argument would fail.

Answer 2

There /might/ be grounds to contest the will, but they will probably fail. Most people contest it by saying that the grandmother's intent is not reflected in the language of the will. However, ALL courts view the will itself first, before making that decision. The will clearly states that if one child dies (with no mention of subsequent grandkids) that all of it goes to the other child.

Answer 3

No, the will seems to be clear as to her intent, having or not having grand children is not an issue in her will.