When someone believes a will does not reflect the true wishes of a person, they might decide to contest it. One common reason for contesting a will involves suspected undue influence. Contesting a will can create complex situations for family members and beneficiaries.
What counts as undue influence?
Undue influence happens when someone close to the person writing the will uses a position of power or trust to control decisions. This often involves caregivers, family members, or friends who might gain financially from the will. Signs of undue influence include sudden changes in the will, isolation from other family members, or decisions that do not match previous wishes.
How courts review undue influence claims
Courts look at several factors when reviewing an undue influence claim. They check the relationship between the person creating the will and the person accused of influence. The courts also consider the mental state of the individual, the details of the will, and whether the accused person actively helped in preparing the document.
Possible outcomes of a contested will
If the court finds enough evidence of undue influence, the will or certain parts of it might get invalidated. This means the court may distribute the estate based on a previous will. On the other hand, if the court does not find proof of undue influence, the will usually remains valid as written.
Weighing family concerns and legal rights
Contesting a will due to suspected undue influence involves both family concerns and legal considerations. Staying informed can help family members through a challenging process while ensuring that a loved one’s wishes receive the respect they deserve.