When a loved one passes away, discovering their will can sometimes raise more questions than answers. If something feels off about the document, you might wonder whether someone improperly influenced your family member during their final days. Understanding undue influence and your options for contesting a will could help you navigate this challenging situation.
What is undue influence?
Undue influence occurs when someone exerts too much pressure on a person writing their will, effectively overriding that person’s free choice and wishes. This is not just simple persuasion or gentle encouragement. Instead, it involves manipulation, force or taking advantage of someone in a way that leads them to make decisions they would not have made on their own.
Several signs might point to undue influence. These include a sudden change in the will that unfairly benefits one person, keeping the person writing the will away from other family members, or the influencer having a close, private relationship with the deceased person. You might also notice that the person who benefits most was heavily involved in preparing or carrying out the will.
The key is that the influencer must have actually taken control of the person’s mind and choices. Just having the chance or even a close relationship alone is not enough to prove that undue influence happened.
Steps you can take
If you suspect undue influence, you may have grounds to contest the will. The process typically begins with gathering evidence that demonstrates the improper influence. This might include medical records showing cognitive decline, witness statements about the relationship dynamics or documentation of sudden changes in the testator’s behavior or wishes.
You will generally need to file a will contest in probate court within a specific timeframe, which varies by state. Keep in mind that successfully contesting a will requires substantial proof. Courts generally presume that wills are valid, so you will need compelling evidence to overcome this presumption.
While suspecting undue influence can be distressing, remember that legal mechanisms exist to protect the true wishes of deceased individuals. Taking appropriate steps early and seeking professional guidance could make a significant difference in the outcome of your case.