There are many reasons why people might initiate probate litigation. Some families have to take action because the personal representative abuses their authority or fails to perform job functions. Other times, concerns may stem from the estate planning paperwork, not what happens during estate administration.
Families may question the validity of documents in certain scenarios. One of the most common reasons for contesting a will is concern about undue influence. If an outside party may have influenced the terms set by the testator before they died, families can ask the probate courts to set the compromised documents aside.
How can families establish that undue influence played a role in the creation or revision of estate planning documents?
Undue influence involves specific concerning elements
The burden of proof falls to plaintiffs in a will contest scenario. The plaintiffs alleging undue influence typically have to prove three separate, equally important facts to prevail in court.
The first is that the testator was in some way vulnerable. Medical challenges can leave people dependent on family members or caregivers. Medical records and statements from those close to the decedent can help establish that they were vulnerable and in a position where someone could exert undue influence on them.
The next important element to prove is that a specific party was in a position to exert authority over the decedent. A spouse or a child who serves as a caregiver could withhold food or pain medication from an older adult. They could cut them off from other loved ones due to their position. Establishing that someone had a degree of authority over the vulnerable testator is important.
Finally, the plaintiffs must establish that the person in a position to exert undue influence benefited from the estate plan. Perhaps they received more of an inheritance than their siblings did, for example. Maybe they weren’t even included in earlier versions of the will but became the primary beneficiary in the last update the testator made.
Reviewing the circumstances that existed prior to an individual’s passing – with the assistance of a skilled legal team – can help concerned family members evaluate their chances of prevailing should they contest a will based on allegations of influence. Taking legal action can potentially help them to uphold the true legacy wishes of a person who has died and can preserve the inheritance they intended to grant their loved ones.