The loss of a loved one is a traumatic experience, but the situation can quickly turn even worse if you find out that your loved one’s estate plan isn’t what you thought it was. While this could be for valid reasons, there’s also a chance that undue influence could be the reason why the estate plan was different.
Undue influence means that the creator was coerced or pressured into changing or creating the estate plan to include specific beneficiaries. This can be done by family members, caregivers or anyone else who has contact with the individual. In some cases, it’s because of threats, manipulation or withholding of medical care.
What should you do if undue influence is suspected?
It’s possible to contest a will if there’s reason to suspect undue influence. This can only be done by a person who has a valid legal interest in it. This means someone who would inherit property if there wasn’t an estate plan, a beneficiary named in the current estate plan or a party who was removed from it.
Contesting a will can be a challenging undertaking that comes with considerable emotions. It can sometimes lead to battles between family members if they’re on opposing sides. On top of that, there’s the legal aspect of the matter. This can include complex elements, so it may be beneficial for anyone who wants to contest a will to work with an individual who can assist them with showing the court that undue influence was present at the time of the estate plan’s creation.