Who might exert undue influence on a testator’s will?

On Behalf of | Oct 29, 2024 | Estate Litigation and Administration |

Some people take legal action to contest a will in probate court when someone close to them dies. There are a few reasons why people may take issue with an estate plan. In some cases, a testator might have included inappropriate terms that make the will they drafted unenforceable.

Other times, they may have written or updated their documents after their health declined, leading to questions about their testamentary capacity. Family members and those expecting to inherit from an estate may also want to take legal action if they believe another person applied undue influence to the testator. Undue influence entails using a personal relationship to alter the terms included in a will. Only a handful of people may be in a position to exert undue influence on a testator.

Who might be able to coerce, manipulate or force someone to change the terms of their will?

Caregivers and close family members can affect wills

For undue influence to occur, the situation must meet several basic requirements. The first is that the testator is vulnerable due to age or health issues. The second is that they make changes in their estate plan that directly benefit someone in a position to exert undue influence.

Generally speaking, only a few people are in a position to manipulate the terms someone establishes in an estate plan. Usually, their closest family members or those tasked with providing them with medical care are the ones capable of exerting undue influence.

They usually need to be in a position of authority over the testator. They may have control over the testator’s day-to-day life, medical care or social contacts. Typically, that person needs to not just be in a position of authority that they can leverage but most also receive a questionable inheritance from the testator’s estate plan.

In scenarios where there are reasonable concerns about undue influence, those disappointed with the terms of an estate plan may be able to initiate probate litigation to contest the terms of the will. If they have evidence supporting their claims, they can prevent a miscarriage of justice.

Learning more about grounds for will contests can help frustrated beneficiaries determine if they have the right to take action in probate court. People can sometimes convince the courts to set aside documents that are not an accurate reflection of a testator’s true wishes.

Archives

FindLaw Network