Undue influence occurs when someone uses their position of power or trust over a testator to cause the testator to make a will that does not reflect their genuine wishes. A will made under undue influence can be partially or fully invalidated.
The Difference Between Persuasion and Undue Influence
Family members and others legitimately discuss inheritance matters with their relatives. Sharing your needs and wishes is normal and does not constitute undue influence. The line is crossed when a person’s free will is overborne – when they make dispositions they would not have freely chosen because of coercion, manipulation or exploitation of a position of trust.
Not every case of a family member receiving a disproportionate share of an estate reflects undue influence. Some people genuinely have closer relationships with or greater needs than others.
Factors That Suggest Undue Influence
Courts examine various factors when assessing undue influence claims: the testator’s vulnerability to influence (due to age, health, or emotional dependence), the influencer’s opportunity to exert influence, evidence that the influencer participated in the will’s preparation, the content of the will (particularly whether it is inconsistent with the testator’s prior expressed wishes), and the secrecy surrounding the will’s creation.
Codicils and Changes Made Under Influence
Undue influence claims often arise when a will is changed late in life in circumstances where one family member had extensive access to the testator while others did not. Late-life changes that significantly benefit one person are subject to close scrutiny.
Gathering Evidence
Proving undue influence requires evidence about the relationship between the testator and the alleged influencer, the testator’s state of mind, and the circumstances in which the will was made. An attorney will help identify and gather the relevant evidence and assess the strength of the claim.
The Family Dynamics
Undue influence challenges often arise within already difficult family situations. An attorney can help navigate these dynamics and manage the legal proceedings while being sensitive to the family context.
