When an individual dies, their will or estate planning documents guide the distribution of their assets. Most families do their best to follow the instructions provided by a deceased loved one. However, some families reach the uncomfortable conclusion that the documents are not accurate and may not truly reflect the intentions of the deceased individual.
Sometimes, there are technical issues with the documents that make them unenforceable. Other times, families can contest a will by proving that medical challenges diminished their capacity to establish legally enforceable documents.
Occasionally, families challenge or contest wills because they believe undue influence altered the terms included. What are the basic requirements when asking the courts to review an estate plan for signs of undue influence?
The testator was vulnerable
Generally speaking, most adults have full control over their daily lives. They decide when they want to create an estate plan and what terms they include in those documents.
However, some people are vulnerable because of advanced age, physical decline or mental health challenges. They may become dependent on family members or caregivers. Typically, families need evidence affirming that a testator was in some way vulnerable at the time when they created or revised an estate plan to make credible allegations of undue influence.
A beneficiary had authority or access
Another important requirement of undue influence is that someone misused the relationship that they had with the testator for personal gain. Families generally need to show that an individual had regular access to or control over the testator.
They also need to show that the person with that authority somehow benefited from the terms included in the estate plan or the last-minute revision made by the testator. Provided that families have evidence of questionable terms, unusual document changes and a concerning power dynamic, they may be able to contest a will based on the likely misconduct of someone who inherits from the estate.
Understanding what circumstances may justify contesting a will can help families determine if probate litigation is necessary. Those who take legal action can potentially protect the resources left behind by a loved one and help uphold the legacy they wanted to leave.