Going to court to challenge a will isn’t something that’s possible for anyone to do. Instead, the person must have a legal interest in the will and have a valid reason to challenge the will. One of the reasons that may be present in a situation is undue influence.
Undue influence occurs when someone pressures or manipulates the person making the will, who is known as the testator, into changing their estate plans to benefit the influencer. This is often at the expense of rightful beneficiaries.
What’s the difference between undue influence and persuasion?
This influence must go beyond simple persuasion. It typically involves a relationship of trust where the influencer has a position of power or control over the testator. The key here is that the testator’s wishes are replaced with someone else’s wishes. Courts often scrutinize cases involving elderly or physically impaired individuals, particularly when a new will benefits someone who wasn’t included in prior versions.
What are the signs of undue influence?
One of the red flags is a dramatic change in the will that benefits someone new, especially if that person was involved in the testator’s care or legal affairs. Another is isolating the testator from family and long-time friends. A sudden revision to a will when someone is ill or dependent can be suspicious, particularly if the person who benefits was present when the changes were made or helped arrange the new document.
When undue influence is suspected and a challenge to the will is filed, the individual who files it will have to prove the undue influence. Working with someone familiar with these matters may be beneficial for those individuals.
