The terms that an adult adds to their estate plan should be rooted in their personal wishes. The hopes they have for their beneficiaries and the promises they may have made to loved ones can influence how they decide to distribute responsibilities and resources after their passing. People leave specific assets to chosen individuals, allocate a certain percentage of their total estate to certain parties and might even leave resources for charitable causes.
There are cases where a will’s contents become contaminated by another party’s desires. Sometimes, outside parties seek to use their relationship with an individual to control or manipulate the contents of their estate plan. Under such circumstances, families can potentially contest the validity of estate planning paperwork on the basis of undue influence. The probate courts may agree to set aside documents influenced by outside parties.
Who potentially has the ability to exert undue influence on a testator?
Undue influence requires authority
Claims of undue influence are only possible in highly specific circumstances. Typically, the testator drafting the documents must be vulnerable in some way. Usually, advanced age or medical challenges are the reason for claims of undue influence. Perhaps they rely on their spouse or a caregiver to provide them with medication or help them eat. Their vulnerable position makes it possible for others to influence their legal documents.
Those who have a degree of authority over an individual’s daily life could potentially abuse that position in pursuit of personal enrichment. Caregivers including outside professionals, spouses and children are potentially capable of exerting undue influence on an estate plan. They pressure or manipulate the testator into changing the intended contents of their estate plan.
Those raising claims of undue influence typically need proof that a testator was vulnerable and that the outside party was in a position of authority over them. There also needs to be proof that the caregiver accused of undue influence derived benefits from the estate planning paperwork.
Reviewing the circumstances related to an older adult’s care with a skilled legal team can help family members determine if they may have grounds for probate litigation based on claims of undue influence. The probate courts might set aside documents that are the result of someone else manipulating or threatening a testator.