Probate litigation may arise as a result of fiduciary issues. If personal representatives or trustees fail to fulfill their obligations or breach their fiduciary duty, then beneficiaries or heirs might take legal action to remove them from their position.
Sometimes, the reason behind probate litigation is concern about the documents, rather than the actions of the fiduciary. People could contest outdated wills or documents that include illegal provisions. In some cases, family members might claim that the testator lacked capacity when they drafted their documents. Other times, the concern might stem from the influence of an outside party. People could exert undue influence in an attempt to increase what they inherit or obtain an inheritance they otherwise would not receive.
Who could, theoretically, unfairly influence a will?
Undue influence requires close contact
People generally need to have regular access to or a degree of control over a testator to exert undue influence on their will. For a person to exert undue influence on a testator, they generally need to have a close relationship.
In some cases, family members could exert undue influence by manipulating or pressuring a testator. Other times, caregivers might attempt to use their positions to coerce the testator into allocating more property to them.
People pursuing a will contest on the basis of undue influence generally need to show that the testator was somehow vulnerable and that the person who received a surprise inheritance or a larger share of the estate was in a position to exert that influence. They need evidence supporting their allegations, such as prior wills that can highlight the drastic changes made by the testator.
Pursuing probate litigation can help address misconduct that may have undermined a person’s true legacy. Families concerned about the validity of estate planning documents may need to prepare for a will contest.