The loss of a loved one is a difficult time for any individual. When the person who passed away has an estate plan, that plan should be followed as written. There are times when people who have an interest in the estate may question the terms.
In some cases, the beneficiaries or heirs may think that something is amiss with the plan. This may be because the creator was the victim of undue influence, which is a form of manipulation that can lead to legal challenges.
What constitutes undue influence?
Undue influence occurs when a person uses manipulative measures, pressure or coercion to have a person set up certain terms in their estate plan. If there was already an estate plan in place, the new terms would override the initial terms. This could mean that people who were in the initial plan will be written out.
Courts look at several factors when trying to determine if undue influence is a factor in the estate plan. These include whether the creator was vulnerable and if the person accused of influencing had power over the creator.
What happens if there’s undue influence?
If there’s a valid reason to believe that undue influence occurred, the beneficiaries or anyone else with an interest in the estate can challenge the estate plan. This legal claim can help to ensure the decedent’s wishes are followed as intended.
Because these matters are often complex, it’s best to work with someone who can provide information about the options and process. This may reduce the stress involved in the process.