Probate litigation often arises from serious concerns. In some cases, it occurs when family members or beneficiaries of a deceased person believe that the personal representative has not fulfilled their duties.
In other cases, parties initiate lawsuits when they question the validity of estate planning documents. Undue influence is often a concern when the person who died was of advanced age or somehow medically vulnerable. Beneficiaries or family members may question whether an estate plan truly reflects an individual’s wishes, or may instead be the result of an outside party unfairly pressuring a testator.
How can concerned families develop a case for probate litigation based on claims of undue influence?
Elements of an undue influence claim
Undue influence stems from concerns that an influencer used their relationship with the testator to benefit from their estate plan. Families pursuing litigation may ask the courts to set aside estate planning documents compromised by the undue influence. Colorado has established important rules and court precedents related to such lawsuits.
To prove undue influence, parties need to show a few important things:
- Vulnerability of the person who passed away: You need evidence, like witness statements or medical records, to show that the person was in a weak or vulnerable state.
- Influence of the accused: Parties must prove that the influencer had the power to control or pressure the person who passed away into changing their estate plan.
- Benefit to the influencer: You need to show that the accused person received some kind of benefit from influencing the person who passed away.
For example, imagine someone previously had an estate plan dividing their estate equally among their children. Later, the testator reduced their inheritances for the benefit of a caregiver. This could be a warning sign of undue influence.
Protecting legacies
Challenging a will due to undue influence can help ensure a deceased person’s true wishes are respected. However, this process can be difficult, especially when emotions are involved and family ties are at stake. It’s crucial for families to handle these situations with care and seek professional advice to honor their loved one’s intentions. By taking careful and informed actions, families can find resolution and peace during this tough time.