People who expect to receive an inheritance from an estate typically defer to estate planning documents. They let the instructions and wishes of the decedent determine what they receive from the estate.
Occasionally, beneficiaries do not feel comfortable with the terms of an estate plan. They may question whether a will or other documents truly reflect the wishes of their deceased loved one. In specific scenarios, surviving family members and those anticipating an inheritance may take issue with an estate plan. They may decide to initiate probate litigation.
Will contests or challenges typically only arise in a handful of very unusual scenarios. A claim of undue influence is one of the reasons family members might challenge an estate plan. The following are some of the most common warning signs that an outside party has improperly influence the terms of an estate plan.
A vulnerable testator
Anyone who is a legal adult and aware of their circumstances potentially has the authority to create an estate plan. That being said, not everyone is truly in control of their own decisions. Those who rely on professional caregivers or family members for basic needs may be in a vulnerable position. Typically, families need to establish that a testator was vulnerable due to age or medical challenges to convince the courts that an outside party may have exerted undue influence on their state plan.
A person in a position of authority
Someone who rarely sees or interacts with a vulnerable adult is probably not in a position to exert undue influence. Under influence involves leveraging a relationship and personal authority to influence someone’s choices. A caregiver, a child who visits regularly or someone providing housing and other basic needs for a vulnerable adult is in a position to exert undue influence. Typically, they need to directly benefit from the estate plan for others to bring a claim of undue influence.
Questions about estate planning terms
If a will clearly aligns with the plans someone shared with their family members previously, then there is little reason to suspect undue influence. However, if someone makes last-minute revisions to an estate plan or if they create documents that clearly benefit a person who had authority over them at the expense of other beneficiaries, then there may be reason to question whether an outside party exerted inappropriate influence during the estate planning process.
If family members can convince the probate courts of undue influence, the courts may set aside the questionable documents. Initiating probate litigation is not necessarily an act motivated by greed or jealousy. Those who want to uphold a loved one’s legacy wishes may contest a will that seems to deviate from their true wishes.