Lawsuits sometimes occur due to issues regarding a person’s estate. Families sometimes pursue probate litigation because a personal representative or trustee does something unethical. Other times, concerns about the estate plan could lead to a lawsuit.
Interested parties, including people previously named as beneficiaries and immediate family members of the decedent could file a lawsuit contesting the will in a few qualifying circumstances. Credible suspicions that an outside party has influenced a testator are among the limited legal grounds for a will contest.
Some people can exert undue influence
The legal term for an outside party manipulating or pressuring a testator into adjusting an estate plan is “undue influence.” Undue influence occurs when someone other than the testator has a major say in the terms of an estate plan.
Generally speaking, families alleging undue influence must show that the testator was somehow vulnerable at the time when they drafted their documents. They also need to show that a specific person had access to and influence over the now-deceased testator.
Finally, they must show that the person with access benefited from the surprising terms included in the will. If the available evidence supports the concerns of family members or those expecting to inherit, the courts may agree to set aside the document to uphold an earlier version of the will or to treat the state as though no will exists.
Reviewing a questionable will and the circumstances of the deceased party with a skilled legal team can help family members determine if they are in a position to take legal action. A will contest can be a complicated process, but it can help uphold the legitimate wishes of a person who has died too, depending on the circumstances at issue.
