Discovering a will after a loved one passes may provide a sense of relief. Families are often thankful when people have taken the time to establish an estate plan. The guidance included in those documents can help grieving families carry out the deceased individual’s last wishes.
They can distribute property in an appropriate manner and ensure that the right individuals serve as the guardian for their minor children or as the personal representative of the estate. Occasionally, family members are skeptical of estate planning documents, possibly because they include terms that do not seem to align with the wishes previously expressed by the deceased party.
Family members may pursue probate litigation because they question whether undue influence may have unfairly affected a will. When do concerned individuals have grounds to contest a will based on claims of undue influence?
When the testator was vulnerable
Timing can be the most important factor when reviewing an estate plan. Undue influence involves the use of a relationship with the testator to manipulate the terms of their estate plan. Typically, such conduct is only effective when an individual is vulnerable.
If the testator drafted or revised their estate plan after becoming dependent on others for basic support or during a time when their health declined, then undue influence is a realistic concern. Typically, claims of undue influence arise when an estate plan deviates from someone’s long-held wishes by allocating more of the estate to one person than others anticipate.
Usually, that beneficiary has to be in a position of trust or authority to unfairly influence the documents of the testator. Spouses, children and others who may serve in caregiving roles can potentially exert undue influence on the testator.
Should plaintiffs prevail in a will contest alleging undue influence, the courts can set aside documents compromised by outside influence. They can then treat the estate as though the individual died without an estate plan by applying intestate succession laws. The courts can also decide to review and defer to a prior version of the estate plan.
Pursuing probate litigation is a reasonable reaction to discovering that a loved one made surprise changes to their estate plan to benefit a caregiver. Undue influence is one of several scenarios in which the courts may agree to set aside an estate plan due to issues with the documents.