When a person drafts a will or changes it, they must do so voluntarily. The testator must fully understand the consequences of the clauses in the will. This is called testamentary capacity.
Often, testators may have reached their advanced years. This could mean that they are vulnerable to undue influence. Undue influence is the process of exerting pressure on a testator to make changes that do not necessarily reflect their wishes.
What legal protections are there against undue influence?
Mental evaluations
The probate court has the power to order mental evaluations. They can request medical reports that clarify whether or not the testator has testamentary capacity. This process is often engaged when the testator is elderly or vulnerable in other ways. Medical professionals are legally obliged to report any concerns regarding testamentary capacity to the court.
If the court is convinced of undue influence, they can nullify the will and other estate planning documents and equitably redistribute assets.
Legal safeguards
There are also certain rules and regulations in place regarding wills in California. These are designed to protect the testator from undue influence. For example, wills must be notarized and witnessed by two credible individuals. The witnesses cannot be beneficiaries.
What if these safeguards fail?
Unfortunately, these safeguards are not foolproof. Undue influence often goes under the radar because it is usually committed by someone close to the testator, such as a caregiver or family member.
Nonetheless, beneficiaries and interested parties can contest a will based on undue influence. If you suspect undue influence, it’s important to act quickly. Seeking legal guidance can help you gather all relevant information and evidence before starting your case.