If a will has been authenticated by the court, the executor is responsible for following the will to a T. There is, however, an exception to this rule.
Suppose the executor believes the decedent’s will to be a product of undue influence on account of its terms being different from the terms the decedent had previously discussed with him. As a result, the executor plans to distribute the decedent’s estate according to what he believes were the decedent’s final intentions. Can an executor ignore a will in this situation?
Technically, the answer is “no”, because while the executor cannot ignore the will, they do have standing to contest the will. By contesting the will, the executor would be asking the court to invalidate the document at issue.
In the above example, if the executor were to contest the will and win, it would result in the most recent will being voided and a prior version of the decedent’s will (if one exists) being submitted to probate. If there is no prior valid will, the executor would need to defer to intestate succession laws to determine who gets what.
Remember, to contest a will, it’s necessary to prove one or more of the grounds for contesting a will apply. While executors generally can contest wills, though they should be careful about bringing a contest if their involvement in the matter could be perceived by interested parties as a violation of their duty of impartiality. Beneficiaries, beneficiaries under prior wills and heirs also generally have standing to bring a contest.
There are strict deadlines for contesting a will, so if you are seeking to potentially bring a contest, it is important that you not delay consulting with a trust and will dispute attorney about the merits of your case.
