When a loved one dies and leaves a significant portion of their estate to one person, family members may wonder whether the will truly reflects the deceased’s wishes. It can be especially concerning when that person appears to have played a significant role in creating or changing the will.
However, simply believing that the deceased loved one was pressured or manipulated is not enough to challenge the will. A successful will contest requires evidence that undue influence interfered with the testator’s free will.
Unfair inheritance doesn’t mean undue influence
Undue influence occurs when someone’s influence over a testator (the person creating the will) becomes so excessive that it interferes with the person’s ability to make independent decisions regarding their estate.
This is different from ordinary persuasion. People may discuss their estate plans with spouses, children, caregivers and other trusted individuals. It becomes an issue when the person’s influence overcomes the testator’s independent decision-making.
An unfair inheritance does not prove undue influence. A will doesn’t necessarily become invalid simply because family members believe the distribution is unfair. A person is free to decide who receives their property after death. One child may receive more than another. A longtime friend may receive property while a relative receives nothing. An unusual inheritance can become evidence in an undue influence case when viewed alongside other circumstances.
Because undue influence is often secretive, direct evidence is often unavailable. Therefore, circumstantial evidence can sometimes help to establish undue influence, such as:
- A significant and unexpected change to an existing estate plan
- The beneficiary’s involvement in creating the will
- Evidence of a dependent relationship between the testator and influencer
- Witness testimony regarding the testator’s relationships, intentions or vulnerabilities
- Medical records establishing the testator’s physical or cognitive condition
If you believe a loved one’s will resulted from undue influence, it’s important to act promptly. Once a will is admitted to probate, an interested party has six months to file a petition challenging its validity.
It’s also essential to speak with a legal professional. They can review the circumstances, evaluate the available evidence and explain your options for challenging the will.
