The terms included in a will directly influence a person’s final legacy and the support that their loved ones receive after they die. Families sometimes have questions about the validity of wills. They may believe that an individual experienced cognitive decline before they drafted their will in some cases.
Other times, they may insist that the will is outdated or that it includes illegal provisions. Concerned individuals can initiate probate litigation and ask the courts to review the documents and the circumstances surrounding their creation. Suspicions that an outside party used their relationship with the testator for personal gain could also justify a will contest.
Undue influence might invalidate a will
A will should represent the priorities and wishes of the testator who drafts the document. Unfortunately, outside parties sometimes want an inheritance that they otherwise should not receive. They might threaten or manipulate testators to obtain an inheritance or increase the size of their inheritance. Undue influence involves the use of a relationship to alter the terms of a will.
Provided that a surprise beneficiary or someone with an outsized inheritance compared to other family members had a position of authority and access to the testator while they were vulnerable, other family members might be able to convince the courts that they exerted undue influence. The courts could then choose to set aside the compromised estate planning documents. The courts could refer to an earlier will to decide how to allocate the decedent’s property, or they could apply intestate succession laws.
Learning more about the circumstances that justify probate litigation can help families handle complex estate matters. Undue influence is one of several scenarios in which a will contest might be the best option available.