As people age, they may start discussing their legacy with loved ones. Parents and grandparents may talk about their plans with their children and grandchildren. Frequently, everyone in the family knows roughly what to expect when reviewing the will of someone who recently died.
Occasionally, the contents of a will surprise everyone because they do not align with what the testator (the person who created the will) previously indicated they wanted. They may have added a new beneficiary or drastically altered the allocation of their most valuable assets.
Discrepancies between stated intentions and the details of a will can lead to questions about the validity of the will. Could one party have influenced the testator to alter it?
Undue influence can compromise a will
The terms included in a will should reflect an individual’s values and relationships. Testators have control over what happens to their property after they die. Other people should not control or influence the estate planning process.
Sometimes, close family members or caregivers may exert undue influence to secure a larger inheritance. They use their relationship with a person to pressure or manipulate them into making major changes to their testamentary documents. If family members can show that one person was in a position to influence the testator and that they were somehow vulnerable due to medical issues or other challenges, they may have grounds for a will contest.
Reviewing the will as well as prior discussions about the decedent’s legacy can help people determine if they are in a position to initiate probate litigation over a loved one’s will. Asking the court to set aside a will compromised by an outside party can help people uphold the legacy their loved one had always wanted to leave.