Families are typically grateful when loved ones have the foresight to establish an estate plan. Wills make it clear how an individual wants their personal representative to distribute their property after their passing.
The instructions provided in a will can prevent families from fighting over estate resources. Not only can a will potentially preserve family relationships, but it can also prevent the loss of valuable assets to probate court costs. Occasionally, families feel concerned and suspicious about the terms included in an estate plan and may take legal action as a result.
Perhaps a will includes a surprise beneficiary or a very uneven distribution of assets. The beneficiaries and heirs of the deceased party may start to question whether an outside party may have inappropriately influenced their loved one’s estate plan. In such scenarios, litigation can be a reasonable response.
What constitutes undue influence?
An estate plan should include terms the testator wanted to set, not terms demanded by an outside party. Undue influence occurs when someone other than the testator uses their relationship to influence the terms of an estate plan for personal benefits.
Typically, undue influence occurs in scenarios where the testator establishing or updating an estate plan is vulnerable. Advanced age and medical challenges can both render someone vulnerable to undue influence. They may become socially isolated or could depend on one person for everything from cleaning their home to showering.
The party exerting that influence usually needs to have a degree of authority over the testator. Perhaps they are the only nearby family member, or maybe they serve as a regular caregiver. They also need to receive a surprising or disproportionate distribution from the estate.
In that situation, other beneficiaries or family members could ask the courts to review the situation and intervene if there is adequate proof of undue influence. The courts could set aside a will compromised by undue influence or could reinstate and uphold an earlier version of the estate plan.
Proving that undue influence occurred during probate litigation can help people preserve the legacy of a loved one who may have suffered mistreatment or coercion from someone motivated by personal greed. Families that challenge questionable wills can work to hold others accountable for trying to influence an estate plan.
