One of the hardest inheritance disputes begins with the sentence: “This is not the will mom really wanted.” Not infrequently, after a parent’s death, a new will is discovered that completely changes the distribution of the estate.
Influence is not necessarily undue influence
A person is allowed to be close to their mother and help her, and a parent is allowed to prefer one child in a will. The problem arises when the influence crosses the line and impairs the testator’s free will. In such situations, an objection to the will can be considered.
Which signs should raise suspicion?
- A dramatic change from earlier wills.
- Sudden disinheritance of children.
- Heavy dependence of the parent on a particular heir.
- Isolation from the rest of the family.
- Cognitive decline.
- The heir’s involvement in finding the lawyer.
- Presence around the signing of the will.
- A change of the will shortly before death.
A case from our office
Family members approached our office after their mother’s death, when it emerged that there was a new will differing dramatically from her earlier wills and declarations.
For years the mother had spoken of an equal division among her children, yet in the final will one child received a central share of the estate.
The review revealed that in the period preceding the making of the will, the mother had been highly dependent on that child, who accompanied her in her daily affairs and was significantly involved in her life.
During the case, medical records were collected, earlier wills examined, witnesses located, and the heir’s degree of involvement in the drafting process was scrutinized. The proceeding focused on whether the new will reflected the mother’s free and independent wishes, or whether circumstances existed that improperly influenced her.
The case illustrates that in will disputes, a feeling that the outcome is unfair is not enough. An orderly evidentiary foundation must be built on circumstances, documents and testimony.
Case details have been changed to protect client privacy; no outcome in another case can be inferred from this example.
The main grounds for challenging a will
- Undue influence – does the will truly express free and independent intent.
- Lack of capacity – did the testator understand the meaning of the act when the will was made.
- Involvement in making the will – was a beneficiary involved in a way that may invalidate it.
- Other defects – according to the circumstances in which the will was made and the authenticity of the testator’s intent.
Which evidence should you look for?
- Medical records.
- Earlier wills.
- Correspondence.
- Bank documents.
- Witnesses who knew the deceased.
- Information about relationships within the family.
- Evidence of isolation.
- Documents connected to the drafting of the will.
In summary
If a new and surprising will is discovered after a parent’s death – especially where one of the heirs was deeply involved in the deceased’s life in the final period – it is worth examining matters quickly. In will objections, the case must be built on evidence, not only on a sense of injustice.
Suspect the will does not reflect your parent’s true wishes? Call: 077-997-4020
This article is general information only and does not constitute legal advice.
