What Is ‘Undue Influence’ and How Does it Relate to Wills

Undue Influence Explained

Surprises occasionally crop up after a loved one passes, and it comes time to review the will. Unfortunately, some surprises are unpleasant as survivors learn that details of the will appear to contradict expectations of the deceased’s wishes or interests.

When this occurs, it’s not unreasonable to suspect that undue influence has been exerted on the deceased and that the will may not be valid.

What is Undue Influence?

Undue influence occurs when one person places pressure on another in a way that has legal significance or consequences—most often in forming a contract or drafting a will. Usually, the influencer is in a position or relationship with the testator, allowing them to have a guiding hand in writing the will to their benefit. This influencer could be a caretaker, health aide, attorney, clergy member, or family member.

What a court examines in determining the presence of undue influence is evidence of the testator’s intent. If prior indications of the testator’s wishes regarding property or other assets contradict what appears in the will, and a challenger can provide proof, a will could be declared invalid.

What are the Potential Indicators of Undue Influence?

An individual who may have applied pressure on the testator in drafting their will often give themselves away by:

• Composing large parts of the will on the supposed behalf of the testator.
• It exploits a special relationship with the recently deceased. Often, this relationship enjoys a degree of confidentiality, such as that with an attorney or religious advisor.
• Strongly encouraging changes in the language of the will to favor themselves at the expense of other likely beneficiaries significantly,
• They insist that they will be changed suddenly and with no advanced warning.
• They insist upon sole attendance at any meetings with an estate planning attorney, denying participation even by other family members or close associates.

Proving Undue Influence

This is where it can get tricky.

The passing of a loved one results in a lot of stress for everyone. When people are excluded from wills or benefits, it’s easy for fingers to start pointing and accusations to start flying. To claim undue influence, a challenger needs to:

1. Consult an attorney to determine if you are in a legal position to challenge a will and what steps to take.
2. Draft, write, and file the complaint or, ideally, have an attorney do so. A challenge may be filed before or after the executor has admitted a will to the court, but there may be time limits for registering.
3. Serve notice to other parties. Check with your local probate court with specific details, but you are expected to notify all interested parties you are chalRegardingill.
4. Submit proof. This includes providing evidence of coercion, identifying how undue influence has occurred, and giving evidence. Confirmation will be in written affidavits, witness testimony, and any relevant station you can acquire.
5. In regard to undue influence, you’ll need to be able to provide proof of threats made to the deceased, the withholding of food or medicine, or outright fraud—any fraud that would have had the deceased change their will under false pretenses.
6. Witness testimony could include family members or other close associates describing incidents of seeing the deceased being isolated or otherwise pressured.

Be prepared for an uphill battle. The burden of proof is the most challenging for the challenger. The process can be long and expensive. Perhaps most importantly, it can inflict a severe emotional drain on the challenger and other connected parties.

What Happens if Undue Influence is Proven?

Should the challenger prove to a court that the will occasionally, in whole or in part, was subject to undue influence and did not reflect the deceased’s actual intentions, the court will usually declare it invalid. The distribution of assets will follow laws and be guided by familial relationships.

On occasion, the will’s validity is determined by the benefits that would have gone to the influencer while leaving the rest of the will intact.

Deciding What is Best

If you are unsure whether a recently deceased loved one intended to leave you out of their will or want to challenge the will’s validity based on strong suspicions of undue influence, do not hesitate to consult with an estate planning attorney.

Determining undue influence is a complicated, harrowing process that can be subject too much to interpretation. Allowing a qualified attorney to review the details of your challenge and evaluate the likelihood of success can save you a lot of time, money, and grief. Or it can confirm that you are doing the right thing in fighting for the original intent of your recently passed loved one.

If you are currently in need of legal guidance on a similar situation, contact Heban, Murphree, & Lewandowski LLC today!