28 Jan
Sometimes, estate administration leads to litigation. The beneficiaries of the estate or the close family members of the deceased individual have questions about the validity of the documents. People may file will contests because documents are significantly outdated. Other times, concerns arise because of a testator’s cognitive decline as they aged. Occasionally, the underlying issue that leads to probate litigation is concern about an outside party influencing the plan established by the testator. Sometimes, people exert undue influence by threatening, pressuring or otherwise manipulating an older adult.
The goal in such scenarios is often to obtain an inheritance that an individual otherwise would not have received or to receive more of the estate. Concerned parties who believe that undue influence resulted in changes to an estate plan can initiate litigation. What do they generally need to prove to prevail in probate court?
The vulnerability of the testator
One of the main considerations when people make claims of undue influence is whether the testator was truly susceptible to outside influence. Most people can hear the same complaints or claims from family members every week without giving in to their demands.
Others might be less able to stand up for themselves because they rely on caregivers, children or spouses for basic daily needs. Families typically need to establish a testator was vulnerable to outside influence due to their medical or social circumstances.
The influence of the outside party and its impact
Plaintiffs alleging undue influence generally need to establish that someone used their relationship with the testator for personal gain. Showing that a caregiver went from receiving an equal share with all of their siblings to inheriting the vast majority of the estate could raise questions about why those changes occurred.
The courts can potentially set aside a will impacted by outside influence. After doing so, the courts can either refer to an older estate plan or treat the estate as though the decedent passed without a will. Either scenario may be more reasonable than upholding the documents influenced by an outside party.
Provided that there is evidence supporting a claim that a testator was vulnerable and that someone used a position of trust or authority for personal enrichment, families may have grounds to initiate probate litigation during estate administration. Recognizing the warning signs of undue influence by an outside party can help people take appropriate actions to uphold the true intentions of a deceased individual.
