Inheritance disputes are an unfortunate but common occurrence during estate administration. When a loved one dies, emotions can run high, and disagreements about the division of assets may arise. One of the common reasons for contesting a will is the belief that the deceased was affected by undue influence. This occurs when someone has manipulated or coerced the testator (the person making an estate plan) into making decisions that do not reflect their true intentions.
Contesting a will on the grounds of undue influence can be complicated. Courts are inclined to respect the wishes of the testator, assuming that a will was written freely and voluntarily. So, if you believe undue influence occurred, you will need to gather irrefutable evidence to support your claim.
Critical evidence and indicators of undue influence
To successfully prove undue influence in court, you must demonstrate several key concerns. For instance:
- You will need to show that the testator was vulnerable, either due to advanced age, illness or mental incapacity. A common scenario involves an older adult relying on a caregiver or close family member who exerts pressure on them to change their will in favor of the influencer.
- You must establish that the alleged influencer had the opportunity to manipulate the testator. This involves proving that the influencer had regular and close contact with the testator, controlled access to information or isolated the testator from others who might offer independent advice.
- You must demonstrate a suspicious result in the will’s terms. This could include a sudden, unexpected change that benefits the influencer or disinherits other family members who would otherwise have been included. Courts will consider whether the terms of the will seem to align with the testator’s previous intentions or if they appear unusual and out of character.
While proving the above terms, you may also need to include witness statements, medical records and other documentation showing that the testator’s judgment may have been compromised.
The burden of proof lies with the person contesting a will, and courts demand a high standard of proof. If you believe undue influence has affected an inheritance, it is crucial to seek legal support to help build your case.