When it comes to estate matters, ensuring the validity of a will or trust is crucial. However, sometimes concerns arise about the influence exerted on the testator (the person making the will or trust) by another individual. Undue influence occurs when someone uses coercion or manipulation to override the testator’s free will, leading to an unfair distribution of assets. In this blog post, we will explore the concept of undue influence and discuss how to contest it in estate matters by proving coercion and manipulation.

Understanding Undue Influence

Undue influence refers to the manipulation or coercion of the testator that leads to the creation or modification of a will or trust that does not reflect their true wishes. The person exerting undue influence typically has a position of power or trust over the testator, such as a caregiver, family member, or close associate. Signs of undue influence may include sudden changes in the testator’s estate plan, exclusion of close family members, or the inclusion of beneficiaries who had a close relationship with the influencer.

Proving Undue Influence

Contesting undue influence in estate matters requires gathering evidence to demonstrate that coercion and manipulation took place. While each case is unique, the following factors are commonly considered when establishing undue influence:

1. Susceptibility of the Testator: The court examines the vulnerability of the testator, including their physical or mental health, dependence on others, or any other factors that might make them more susceptible to coercion or manipulation.
2. Relationship Dynamics: Evidence of a confidential or fiduciary relationship between the influencer and the testator is crucial. This relationship implies a higher level of trust and reliance on the influencer’s advice, making it easier for them to exert undue influence.
3. Evidence of Coercion: Coercion can take various forms, such as isolation from family and friends, threats, manipulation of medications, or financial control. Gathering evidence of these actions is essential to establishing undue influence.
4. Sudden Changes: Drastic alterations in the testator’s estate plan that seem inconsistent with their prior intentions or established relationships may raise suspicion of undue influence.
5. Witnesses and Documentation: Testimony from witnesses who observed the testator’s behavior and interactions with the alleged influencer can be valuable evidence. Additionally, documentation, such as medical records or correspondence, that supports claims of coercion or manipulation should be gathered.

Challenging Undue Influence

To contest undue influence effectively, the following steps are recommended:

1. Consult an Attorney: Seek guidance from an experienced estate litigation attorney who specializes in contesting undue influence cases. They can analyze the specific circumstances and advise you on the best legal strategies to pursue.
2. Gather Evidence: Collect all relevant evidence, including documents, witnesses, and any other information that supports your claim of undue influence.
3. Initiate Legal Proceedings: File a legal challenge to the will or trust, outlining the allegations of undue influence and presenting your evidence to the court.
4. Court Proceedings: Be prepared to present your case before a judge. Your attorney will guide you through the legal process, including depositions, hearings, and potentially a trial.

Contesting undue influence in estate matters is a complex and sensitive process. To prove coercion and manipulation, it is crucial to gather compelling evidence, establish the vulnerability of the testator, and demonstrate the presence of a confidential or fiduciary relationship between the testator and the alleged influencer. By working with an experienced estate litigation attorney, you can navigate the legal challenges, protect the testator’s true intentions, and ensure a fair distribution of assets. If you suspect undue influence in an estate matter, consult with an attorney who can guide you through the process and advocate for your rights.