Most people have a rough idea of what to expect when reading a loved one’s will. People often discuss their legacy intentions with their family members. Others can make basic assumptions about their inheritance based on family circumstances.
For example, they might anticipate their only surviving parent equally splitting their estate among all of their children. Some people receive unpleasant surprises when reviewing a will after the death of a loved one. Sometimes, the instructions left by the decedent directly contradict the plans they long expressed to their families. Other times, they may seem to have favored one beneficiary over everyone else.
Especially if a testator drafted their estate plan late in life or if they made changes shortly before they died, families may question the validity of estate documents because they suspect another person influenced the testator. Undue influence is one of the legal grounds that can justify a will contest. How can concerned individuals prove that undue influence occurred?
The situation must meet certain standards
To raise a claim of undue influence in probate court, family members must have evidence supporting their allegations. Typically, they need to establish at least three critical facts to convince the probate courts to set aside a will.
The first consideration is whether or not the testator was vulnerable. Physical dependence on others due to medical challenges can make people vulnerable. So can isolation and loneliness when they may have limited opportunities to socialize with family members.
The second issue the family members need to show is that one person received an unusual or unexpected inheritance. Changes that drastically increased one beneficiary’s inheritance could help meet this requirement.
Finally, the parties contesting the estate plan need to show that the person who received an unexpectedly large inheritance was in a position to influence the testator. Perhaps they acted as a caregiver or had more social encounters with them in their last years of life than anyone else.
Provided that the testator was vulnerable, an individual was in a position of authority and they received more of an inheritance than others anticipated, the claims of undue influence could hold up under court scrutiny. If the will contest is successful, the courts may refer to an older version of the estate plan in some cases. Other times, they might apply intestate succession laws. They may treat the estate as though the decedent died without a will.
Individuals feeling shocked about the contents of a will may need to prepare to take legal action. Initiating probate litigation can help people uphold the legacy that a loved one truly wished to leave upon their passing.