When people create estate plans, they should have total control over the terms that they set. Unfortunately, other people may feel a sense of entitlement to their resources. Those people may try to trick, coerce or manipulate a testator into making estate planning adjustments that do not reflect the testator’s wishes but rather the demands of that outside party.
Family members and others confused or upset by the terms included in a will may sometimes have the option of challenging the document in probate court by asserting that an outside party influenced the terms set. There are specific scenarios in which California imposes a presumption of undue influence, which can make contesting a will slightly easier.
When does a presumption of undue influence apply?
When those involved in the creation of a will or other estate planning documents benefit from the terms included in the legal instrument, there is a presumption that those outside parties may have influenced the testator for their own gain. In fact, California law expands the pool of people presumed to have exerted undue influence to include family members, business associates and even those who cohabitate with the individuals involved in the creation of estate planning paperwork.
Those who act as caregivers for vulnerable or aging adults are also in a position to easily exert undue influence on them, even if they are a spouse who married the testator later in life. Any changes to a will that benefit those individuals could result in a presumption of undue influence.
What does the presumption change?
Typically, plaintiffs alleging undue influence as part of a will contest have the burden of proof during litigation. When there is a presumption of undue influence, that burden shifts to the party that allegedly influenced the testator. They have to show conclusively that they did not pressure or coerce the testator into setting terms that benefited them.
When an estate plan includes unexpected beneficiaries who inherit at the expense of those who are closest to the decedent, concerned parties may need to review the situation with an estate planning attorney. Discussing how the document deviates from an individual’s prior plans with a skilled legal team could help determine whether a will contest based on undue influence could correct problematic changes to the estate plan at issue.