As people age, they often become more comfortable talking about death. Older adults may occasionally talk to their loved ones about their eventual passing. They may tell their children what they intend to do with their largest assets or the resources that carry the most emotional value. They are often transparent about the terms included in their estate plan.
For example, a parent with four children may have always declared that they intended for their children to evenly split their estate. Those disclosures help people know what to expect when reviewing testamentary instruments and preparing for probate proceedings after an individual passes.
In some cases, surviving family members are in for a shocking surprise when they review testamentary instruments. Occasionally, estate plans do not align with an individual’s long-held intentions. In those situations, family members may have grounds to question whether undue influence might have led to the alteration of the will.
What is undue influence?
Undue influence is the legal term for a situation in which an outside party uses their relationship with a testator to manipulate their estate plan. Undue influence can involve coercion or even outright intimidation.
There is often a power imbalance that contributes to undue influence. Those who have limited socialization opportunities due to their health or who are dependent on their caregivers may feel like they cannot push back against the unreasonable demands of someone who wants to inherit from their estate.
The inclusion of a caregiver who was not previously a beneficiary in a will can be a warning sign of undue influence. So can adjustments that drastically increase what a caregiver receives from the estate when compared with other beneficiaries.
Family members who live with or close to the testator may have also been able to exert undue influence by taking advantage of their loneliness later in life. Children and new spouses are among those who might unfairly pressure older adults to change their estate plans. Those who question the details included in an estate plan could sometimes have grounds for probate litigation.
Contesting a will by asserting that an outside party influenced it can lead to the courts setting aside the compromised documents. Beneficiaries and surviving family members shocked by the terms included in a loved one’s will may need to talk about the situation with a skilled legal team to determine if they can take legal action.