Undue influence occurs when someone exerts excessive pressure or persuasion on the person who made the will (the testator) to manipulate the terms of the will, compromising the testator’s ability to make free and independent decisions. If you believe your loved one’s will was created or altered under undue influence, you may have valid grounds to challenge its validity in probate court.
Identifying and proving undue influence can be difficult, but understanding the key factors involved can help strengthen your case. Here is what you need to know.
The elements of undue influence
To prove undue influence, you must first demonstrate the testator’s vulnerability. It means showing they were susceptible to external manipulation due to conditions like cognitive decline, illness or emotional distress.
You must also show the individual who exerted undue influence had the means and capability to do so. This involves establishing a close or controlling relationship between the testator and the influencer. If the influencer had significant authority or a position of trust, such as being a caregiver, advisor or close family member, it could suggest they had the opportunity to exert undue influence.
Demonstrating the overt tactics used to manipulate the testator, such as coercion, intimidation or isolation, how the influencer was bound to benefit from their actions and their active participation in creating or amending the will is also crucial when arguing undue influence.
Take proactive steps to protect your inheritance
To build a strong case, gather relevant evidence like medical records, witness statements, communication records between the testator and the influencer and documentation of their relationship – the more the evidence, the stronger your case.
Remember, time is of the essence when contesting a will, as there are legal deadlines you must adhere to. You could lose your right to challenge the will if you wait too long. Seeking qualified guidance to navigate this complex process can help achieve a favorable outcome and safeguard your interests.