Family members grieving a loved one may take a degree of comfort from their inheritances. When a person makes an effort to leave valuable or meaningful resources for their loved ones, their positive legacy can last for years to come.
Unfortunately, sometimes the people expecting to inherit from an estate learn that a will contains unexpected terms. When families believe that an outside party may have exerted undue influence on the testator, they may have grounds for a will contest.
What are some of the signs that warn of undue influence?
Drastic changes late in life
Many people who take the time to create estate plans talk openly about their wishes with their family members. Their spouses and children may have long known what to expect during estate administration.
Unfortunately, the will might not actually reflect those conversations. An individual may have made changes late in their life that they never disclosed to others. Especially if the new party inheriting from the estate or the person inheriting a surprising large portion of it had access to the testator regularly, there may be reason to question the will’s validity.
A caregiver’s inheritance
Frequently, the caregivers of aging and vulnerable adults are their spouses, children or other family members. Those caregivers could use their position and the vulnerability of the older adult for their personal benefit. Claims of undue influence are common in scenarios where caregivers suddenly become the main beneficiary of an estate plan.
Those filing a lawsuit generally need to show that a testator was vulnerable and that the situation meets other key legal requirements to contest a will. Reviewing a questionable will with a legal professional can help concerned families prevent an unfair outcome to estate administration.
