There are only a handful of specific scenarios in which the probate courts set aside wills. People generally have the right to decide what happens to their property after they die, and the courts uphold the documents they draft in most cases. However, when families have proof of unusual and problematic circumstances, the courts may set aside legally-compromised documents.
A claim of undue influence is essentially an assertion that someone other than the testator had a degree of control over the terms set in the will. Only certain people are in a position to exert undue influence over a will. Families may need to review the situation carefully before deciding to take legal action.
Access to the testator is critical
To prove that a specific person inappropriately influenced the terms of a will, concerned family members must show that the now-deceased testator was vulnerable or dependent on others due to medical challenges or the physical limitations that often accompany advanced age.
They also need to show that a specific person benefited from influencing the testator’s decisions. That person usually needs to have had a degree of authority over the testator.
Spouses and children are among the people who may have acted as caregivers and who were therefore in a position to influence the testator’s final will. When last-minute changes specifically benefit a caregiver, the courts may agree to hear an argument that the caregiver unfairly manipulated the testator to alter the terms of their will.
Reviewing a loved one’s circumstances and will with a probate litigation attorney can help families determine if they are in a position to take legal action. The courts can set aside a compromised will in cases wherein an outside party inappropriately influenced the document’s creation.
