When people establish estate plans, they get to choose for themselves what terms they set. An individual’s testamentary wishes may change over time. As their relationships and personal resources shift, the legacy that they hope to leave may change as well.
Most of the time, people respect the estate plans of their loved ones, even if they may feel disappointed about a surprisingly small inheritance. However, there may sometimes be reason to question whether the terms included in a will are truly the wishes of the person who passed.
Last-minute estate planning adjustments can raise red flags with beneficiaries and surviving family members. Particularly in cases where a caregiver suddenly receives an inheritance when they were not in earlier versions of the will or when their share of the estate increases dramatically, families may have grounds to question the validity of those changes.
Caregivers can pressure testators
Testators drafting wills have nearly total control over the legacy that they leave behind. So long as their estate plan does not violate any laws, they can distribute their resources as they see fit. That being said, the terms included in a will should come directly from the testator, not the expectations of an outside party. If someone else exerted undue influence on the testator, the will may not be valid.
Undue influence involves an individual using this relationship with the testator to secure an inheritance they otherwise would not receive. Families questioning the resources left for a caregiver may have grounds to develop a claim of undue influence.
Typically, to successfully contest a compromised will in probate court, concerned parties must show that the testator was vulnerable. Social isolation, dependence on a caregiver and medical decline could leave an older adult vulnerable.
The plaintiffs contesting the will must also show that the changes to the estate plan benefited one person who was in a position to manipulate or control the testator. Both family members acting as caregivers and professional caregivers sometimes attempt to use their relationships to secure access to a testator’s estate. When a caregiver suddenly becomes a beneficiary or receives far more than their originally intended inheritance, other people may have questions about the legitimacy of those changes.
Probate litigation is sometimes necessary to challenge estate planning changes that may have occurred due to the misconduct of a caregiver. Taking prompt legal action in response to concerns about estate planning documents can help people protect their inheritances.