Families sometimes take legal action in probate court because an estate plan does not seem to reflect the intentions previously expressed by the deceased individual. Those challenging estate planning documents, such as wills, generally need valid legal grounds to initiate litigation.
There are several reasons why surviving family members or beneficiaries of an estate might contest a will or other estate planning documents. Sometimes, people raise questions about the validity of the documents, as they may not meet legal standards or might contain illegal terms. Other times, people can contest a will on the basis of the testator’s lack of testamentary capacity. Families can also challenge estate planning documents on the basis of undue influence.
What is undue influence?
Undue influence occurs when someone uses their relationship with the testator to manipulate the terms of their estate plan. People use threats, coercion or other manipulative tactics to force a testator to change their documents. Generally speaking, only certain people are in a position to assert undue influence. Who may have the opportunity to unfairly alter the terms included in an estate plan?
Undue influence comes from a position of authority
Generally speaking, individuals alleging undue influence have to show that the testator was vulnerable. Their medical needs or social circumstances later in life might have limited their opportunities and relationships.
Anyone who holds a position of authority because of a testator’s vulnerability could potentially exert undue influence. Often, parties capable of exerting undue influence fill a caregiver role. Even professional caregivers compensated for their work might try to manipulate or coerce a testator into making them a beneficiary of an estate.
When caregivers are family members, they can engage in coercive or manipulative behavior to increase what they inherit from the estate. They could threaten the testator or interfere in their other relationships. Anyone who might be in a position to manipulate or threaten a vulnerable adult could exert undue influence over their estate plan.
Families raising claims of undue influence generally need proof that the deceased was vulnerable and proof that an individual in a position of authority may have used that position for personal gain. Learning more about the different grounds for probate litigation can help people recognize when they need to take legal action. The courts can set aside compromised documents and either uphold an earlier will or apply intestate succession laws.