Estate planning and the creation of a will allow people to control the distribution of their assets after death. Knowing that a family member has an estate plan or will can give you and your family peace of mind, especially if they’re of advanced age or have a serious illness. But what happens if a loved one makes last-minute changes to their will?
When this happens, it can raise questions about whether those changes were made voluntarily or under undue influence. In many cases, it can result in will contests. At Inman, Stadler & Hill, we understand the confusion family members feel when a loved one’s will is changed at the last minute, and we’re here to help you understand what may have happened, how it affects you, and your options moving forward.
Understanding Last-Minute Changes and Undue Influence
When a person changes their will shortly before passing, it’s natural to wonder why. These changes could indicate undue influence, manipulation, or even a change of heart due to recent events. But how can you tell the difference?
Here are a few factors to consider when trying to determine why some made last-minute changes to their will:
- Assess the Timing: Consider the specific timeline of the changes. If a change was made in the hours or days before death, especially if your family member was in poor health, it may suggest undue influence. However, a change made months prior could reflect a shift in the person’s intentions.
- Evaluate Health and Cognitive Function: If your loved one made the changes while experiencing compromised cognitive function, that could be a red flag. A person must have testamentary capacity, meaning they understand what they’re doing when making changes to their will. If there’s evidence of cognitive decline, this may be grounds to challenge the will.
- Signs of Manipulation: Signs of undue influence include isolation from friends and family, pressure from caregivers or others with a vested interest, or sudden changes that seem out of character. If you suspect manipulation, contacting an estate planning attorney immediately is important.
Pros and Cons of Using a Codicil for Last-Minute Changes
One common method for updating a will is through a codicil, which is an amendment that allows changes without creating an entirely new document. Codicils are generally straightforward and can be helpful for minor adjustments, but they have pros and cons.
Pros:
- Efficiency: A codicil is often quicker and less expensive than drafting a new will. It’s ideal for small changes, such as adjusting beneficiaries or updating the executor.
- Legal Validity: Codicils are legally binding, provided they’re executed correctly, just like a full will. This means they can be a reliable way to update specific elements of an estate plan.
Cons:
- Potential for Confusion: Multiple codicils can create confusion about the testator’s true intentions. Each new amendment could conflict with previous ones, leading to potential disputes among heirs.
- Greater Risk of Disputes: Because codicils are often added at later stages, they may increase suspicions of undue influence or manipulation. This is especially true if the codicil significantly alters the distribution of assets.
When Should You Challenge a Will?
You may want to challenge a will if you suspect undue influence, compromised mental capacity, or fraud. Here are steps to consider and take if you believe a last-minute change was problematic:
- Gather Evidence of Cognitive Decline: Medical records can play an important role. If a diagnosis of dementia or another cognitive disorder was present at the time of the changes, this may strengthen your case. Documented symptoms of confusion, memory loss, or erratic behavior can support claims of a lack of testamentary capacity.
- Look for Signs of Undue Influence: In cases of undue influence, your loved one may have been isolated from family or pressured by someone with a vested interest. If you can show that someone else’s coercive behavior influenced your loved one’s changes to their will, this could be grounds for contesting the will.
- Consider Legal Grounds for Contesting the Will: Not all concerns are sufficient to challenge a will. In Tennessee, you must prove undue influence, fraud, or a lack of testamentary capacity. This is the legal ability of a person to make a valid will, which requires understanding the nature of the will, the extent of their assets, and the potential beneficiaries. Consulting an estate planning attorney can help clarify if your case meets these criteria.
- File a Will Contest with the Court: If you have sufficient evidence, the next step is to file a will contest. This is a formal legal process where the court examines the validity of the will. You’ll need to provide clear and compelling evidence to support your claim, which is why working with an experienced estate planning attorney is so important.
Contact the Knoxville Estate Planning Lawyers at Inman, Stadler & Hill
The loss of a loved one is difficult to handle emotionally and dealing with last-minute changes to a will can add another layer of stress. Understanding the potential implications of these changes—whether due to undue influence, cognitive decline, or honest intent—is vital to deciding your next steps.
If you have questions about a last-minute change to a will, don’t hesitate to contact the Knoxville estate lawyers at Inman, Stadler & Hill for a consultation. Our team has the experience, knowledge, and aggressive approach to guide you through this complex process and ensure your family’s interests are protected.
