Remarriage after a divorce or the death of a spouse is common. Sometimes, people marry substantially younger spouses. When that happens, the younger spouse is likely to outlive the older one.
There may then be concerns about the estate plan left by the older spouse after their passing. People may question the legitimacy of the updated will — especially in cases where a remarried parent has essentially disinherited their children in favor of a new spouse. If adult children suspect manipulation or coercion, they may have grounds to contest the will.
Undue influence undermines a will’s validity
It is possible for remarried parents to preserve the inheritances of their children while still providing support for a new spouse. If the terms of a will prioritize a younger spouse who acted as a caregiver later in a parent’s life, disinherited adult children may question whether undue influence impacted the terms included in the will.
Undue influence occurs when someone who cares for or has control over a vulnerable adult uses that relationship to force them to change their estate plan. A caregiving spouse could exert undue influence by denying children access to or communication with a parent in their last months.
They could engage in abusive behavior, such as withholding food or medication until the older spouse meets their demands. Adult children can challenge a will and ask the courts to honor an earlier estate plan or to apply intestate succession laws to the estate.
Disputes about wealth transfers are common in blended families, especially when there is a substantial age gap between spouses and a will that leaves very little for the children of the deceased parent. Reviewing estate planning paperwork and family circumstances with an experienced attorney can help concerned children determine if undue influence may have cost them their inheritance.