After a death in the family, suppose the surviving members are unhappy about the terms of their loved one’s will. Now suppose the will in question is new or was recently updated. Now suppose those disgruntled people believe that the testator (person whose will it is) was somehow coerced into creating these unsatisfactory bequests. This can create the grounds for a claim known as “undue influence”, and it can lead disgruntled heirs and inheritors into a courtroom.
Proving undue influence is a very difficult task. For example, one strategy could be to attempt to prove that the testator was not in sound mind when the will was created. Was s/he suffering from an illness, debilitated by dementia, or heavily medicated? The claim of undue influence is not about another party simply making a mere suggestion to the testator. The influence must be, (and this is not a legal term) extreme. For example, was a relationship of trust or dependence, abused? Was the testator prevented from seeking legal advice? Or were they pressured or harassed into making overly quick decisions regarding their assets?
The parties involved in claiming undue influence must now await the judgment of the California Probate Court in regards to challenging the will. Should the court decide that undue influence has been proven, they may rule in one of several ways. They may declare the will in question to be invalid. They may instead uphold the validity of the newer will and rule that an earlier will was invalid. They could even rule that the deceased person died intestate –without a will –in which case, state law governs the disbursal and inheritance of the estate’s assets.
This blog should not be taken as legal advice. It is merely a discussion of my thoughts and opinions. My point is to do what you can to prevent such a scenario from occurring in your own family. I suggest speaking with an experienced estate planning attorney about acquiring legal protection for your wishes, your assets, and your bequests in a comprehensive estate plan. Bring me your questions and your concerns, and we’ll get to work on solutions that satisfy your objectives. To schedule a consultation, please contact us at 818.956.9200.
Glendale Location
616 E. Glenoaks Boulevard, Suite 203
Glendale, CA 91207
Sherman Oaks Location
15303 Ventura Boulevard, Suite 900
Sherman Oaks, CA 91403