Families may sometimes question the validity of estate planning documents. Some people draft wills when they are too old or too sick to really understand the implications of their estate planning decisions. Others may establish estate planning documents that include terms influenced by outside parties.
Occasionally, family members ask the probate court to intervene when they suspect that the terms of an estate plan may include inappropriate details because of undue influence. The phrase undue influence refers to scenarios in which an outside party uses their relationship to alter the estate planning instructions left by a testator.
What are some of the potential warning signs that undue influence may have compromised the legitimacy of an estate plan?
A vulnerable testator
One of the most important factors in scenarios where family members suspect undue influence is the vulnerability of the testator. Typically, they need to have reason to believe that the person drafting documents is susceptible to attempts at coercion or manipulation by another party. Both significant medical decline and advanced age can make people vulnerable to the undue influence of another person.
A person in a position of authority
The party accused of exerting undue influence generally needs to have a degree of control over the daily life or comfort of the testator. Spouses, children and those who act as medical caregivers can potentially use their relationships with vulnerable individuals for personal gain. They might manipulate a testator by denying others communication with or access to the testator. They might adjust the availability of food and medication based on how happy they are with the testator’s behavior. Generally speaking, a person capable of exerting undue influence has to have a degree of authority over the daily life or medical care of the testator.
Unexpected estate planning changes
In a scenario where a testator established their estate plan decades ago and has maintained the same instructions indefinitely, claims of undue influence could be very difficult to prove. However, if they only recently established an estate plan or made changes, then there may be reason to worry about the influence of outside parties.
Especially in scenarios where a caregiver may have become a beneficiary or will now receive far more of the estate than they initially would have, there may be reason to suspect that undue influence negatively impacted the estate plan. Families concerned about undue influence may need to consider probate litigation as a means of addressing the issue. The courts can potentially reinstate prior estate plans or set aside documents affected by undue influence.
