Grieving families usually do their best to uphold the instructions included in a will. However, sometimes families review estate planning documents and feel concerned or confused because of their contents.
A parent who long promised to divide their estate evenly among their children may have left everything to one child who acted as the caregiver in their final months. Other times, a new spouse, a neighbor or another person who had close contact with an ailing testator may have become the primary beneficiary of the estate. In scenarios where it appears that someone influenced the estate for personal benefit, probate litigation may be necessary.
Undue influence damages a legacy
Undue influence involves someone in a position of personal authority leveraging their relationship with a vulnerable adult to force them to include specific terms in an estate plan. When there is documentation supporting the claim that a family member, friend or caregiver exerted undue influence to change the terms of an estate plan, other interested parties may be able to file a lawsuit in probate court to challenge the validity of the will.
They can show the courts that the new beneficiary or the person who could receive an outsized inheritance compared to everyone else was in a position to manipulate and unfairly influenced the testator. If the courts agree with the claim of undue influence, they can set aside the compromised will and uphold a prior version of the document. They could also treat the estate as though there were no will by applying intestate succession laws.
Reviewing concerns about an estate plan with a lawyer can help families understand their options. Will contests are possible in cases where an outside party unfairly influenced the terms that a testator set with enforceable intention.