Many estates move smoothly through the probate courts. The family members of the deceased individual may have talked with them about their testamentary intentions before their passing, so there is minimal controversy.
Other times, people expecting to inherit from the estate may feel shocked and disappointed by the contents of the will. In fact, they may raise questions about whether it is a valid representation of what the testator actually wanted.
In some cases, interested parties might initiate probate litigation by insisting that undue influence compromised the contents of the will.
What constitutes undue influence?
A claim of undue influence is essentially an allegation that one beneficiary misused their relationship with the testator to increase their inheritance. Generally speaking, there are certain standards plaintiffs must meet when claiming that undue influence affected a will.
They must show that the testator was vulnerable, possibly due to medical issues or cognitive decline. They must show that a specific person was in a position to manipulate, threaten or coerce the testator into modifying their will.
They must also show that the person accused of exerting undue influence received benefits from changes to the will. In scenarios where an adult child acted as a caregiver and received a much larger inheritance than their siblings, possibly due to a revision made late in the testator’s life, it may be reasonable to assert that undue influence compromised the will.
Carefully reviewing the testamentary instrument itself and family circumstances can help people evaluate their options. Claims of undue influence can complicate the probate process and may require judicial review before estate administration is possible.