How to Prove Undue Influence in a Will Dispute

What is Undue Influence?

Undue influence involves using pressure, manipulation, or coercion to get someone to make decisions against their true wishes. In the context of wills, this means influencing the testator (the person making the will) to change the terms in favor of the influencer. This can include altering the distribution of assets, naming different beneficiaries, or changing executors.

Legal Criteria for Proving Undue Influence

The burden of proof lies with the person challenging the will. Courts typically look for the following factors:

• Vulnerability of the Testator: If the testator was weak, ill, or dependent on the influencer, it strengthens the case for undue influence.

• Relationship with the Influencer: Close relationships where the influencer had significant control or authority over the testator can be red flags.

• Unnatural Provisions in the Will: If the will contains unexpected or unusual provisions that strongly favor the influencer. For example, disinheriting close family members in favor of someone who was not previously involved in the testator's life may raise suspicion.

• Opportunity and Motive: The court will consider whether the influencer had the opportunity and motive to exert pressure on the testator. Evidence of isolation, dependence, or control by the influencer is relevant.

Gathering Evidence

To prove undue influence, gathering strong evidence is essential. This can include:

• Witness Testimonies: Statements from those who knew the testator, such as family members, friends, or caregivers.

• Medical Records: Medical records can demonstrate the testator’s mental and physical condition at the time the will was executed.

• Documentary Evidence: Any correspondence, notes, or financial records that show the influencer's involvement in the testator's decisions can support the claim.

Challenges in Proving Undue Influence

Undue influence cases are difficult to prove because they often rely on circumstantial evidence. The person challenging the will must show that the influencer's actions directly impacted the testator's decisions. Courts are cautious when overturning a will, as it is a serious matter that affects the deceased’s final wishes. If you suspect that a loved one’s will was influenced by undue pressure, consulting with an experienced estate attorney is advised. 

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.