Most estates that pass through probate court only require review and oversight from the courts. However, sometimes people pursue litigation because they have serious concerns.
Some probate litigation relates to issues with the documents. Others begin with questions about the conduct of the executor or personal representative. Families sometimes question whether an estate plan is truly the independent creation of a testator or if someone else may have exerted an inappropriate amount of influence on their decisions.
Undue influence by an outside party is one of the scenarios that may warrant probate litigation. Who can potentially convince a testator to alter their estate plan?
Undue influence requires authority
There are several requirements for a successful claim of undue influence. Typically, there needs to be reason to believe that the decedent was in some way vulnerable, possibly due to dependence on others.
There must also be reason to believe that someone used their relationship with the decedent to manipulate the estate plan for their own gain. That person usually needs to have a degree of authority. Spouses and adult children who act as caregivers are in a position to exert undue influence on an estate plan.
So are professionals providing support services to a vulnerable adult. Close friends and neighbors who may provide the only point of social contact for isolated older adults are also theoretically in a position where they can exert undue influence.
Anyone who influences an individual’s daily life, housing or medical care could unfairly impact their estate plan. When there are unexpected changes to an estate plan that benefit someone who had a degree of authority over the testator, family members may have reason to raise a claim of undue influence.
Discussing the unexpected terms included in a will with a skilled legal team can help families determine if probate litigation might be possible. Claims of undue influence can sometimes lead to the courts setting aside a questionable will.