People generally don’t want to fight over a loved one’s legacy after they die. Many heirs and beneficiaries accept disappointing terms with good grace because they don’t want to cause family conflict. They tell themselves their loved one may have made last-minute changes to their plans without discussing it with family members.
However, sometimes the situation is so egregious that concerned beneficiaries have no other alternative than speaking up about the matter. Sometimes, families decide to challenge or contest a will in probate court because they believe the final terms in the documents display the clear influence of an outside party.
Allegations of undue influence may lead to probate litigation in the hopes of upholding a loved one’s intended legacy. The courts may set aside documents with terms altered by the undue influence of an outside party.
What constitutes undue influence?
The term undue influence generally refers to one person using their relationship with another to influence a second person into specific behavior. In the context of probate litigation, claims of undue influence typically involve allegations of coercing or threatening someone into changing their estate planning documents. There must be a specific person who sought personal benefit from interfering in another adult’s estate planning efforts.
To exert undue influence, an individual typically needs to have some kind of authority over a vulnerable person. Family members and friends who serve as caregivers are in a position to manipulate or abuse a testator in an attempt to change their estate plan.
Claims of undue influence generally require evidence that the testator was somehow vulnerable. There must also be proof that someone who receives an unexpectedly large portion of an estate was in a position of authority where they could mistreat the testator and influence their estate plan.
The more documentation the family has of someone’s prior estate plan, their vulnerability, and the misconduct of one beneficiary, the easier it may be to prove that the documents left behind when they died do not reflect what they always claimed they wanted to do with their resources.
Fighting back against undue influence can potentially help people obtain the inheritance they expected and preserve the legacy of a loved one. Probate litigation is sometimes necessary to correct an inappropriate modification to an estate plan.