Estate plans typically contain clear instructions provided by a testator. They often indicate who will inherit from the estate and what specific assets those people will receive. Estate plans can also leave money for charitable causes, disinherit estranged family members and include provisions for the support of a companion animal.
Families usually respect that an estate plan represents the best intentions and deepest desires of the deceased individual. Occasionally, families have reason to question the terms of an estate plan. The testator may have made surprising adjustments after talking openly with the family about their legacy intentions previously.
In some circumstances, people who expected to inherit from an estate and those who are close to the decedent may question whether an outside party may have influenced estate plan documents. In such cases, a will contest based on undue influence could be an option.
What is undue influence?
The term undue influence refers to the pressure, manipulation or coercion of an outside individual on someone preparing legal documents. They use their relationship with the testator to secure more of an inheritance than they otherwise might have received.
People who have close relationships with older adults and medically vulnerable people might exert undue influence. Those who serve as caregivers are also in a position to unfairly impact the terms of an estate plan. Provided that there is proof that the testator was vulnerable, that the party exerting influence benefited and that they were in a position to apply pressure to the decedent, the courts might agree to set aside a will compromised by undue influence.
After a successful will contest, the courts can either refer to a prior estate plan or may treat the estate as intestate. Intestate succession proceedings typically prioritize the inheritance rights of the closest surviving family members, including the spouse and children of the decedent.
Speaking up about concerns regarding testamentary instruments can help people uphold the true wishes of a deceased loved one. Undue influence can unfairly undermine the true wishes of a vulnerable adult. Contesting a compromised will may be the best way to respect a loved one’s legacy.
