Undue Influence

Coercion in Will-writing

With a population that is increasingly wealthy but ageing, there is the greater chance of the vulnerable and elderly falling victim to nasty family members or carers. Legal challenges to the Will may be started in a situation where assets or money are diverted away from the family to a so called friend of the victim.

Undue influence law is invoked when the person suspected of having influence receives an inappropriate and large part of an estate. Also, if it is suspected that a third party is suspected of having an influence in the creation of a Will in the favour of a friend or relative, this is considered fraud and can be proved under this law. The deceased need not have been suffering from mental problems for the courts to pursue this avenue. Any use of manipulation, deception or intimidation to have influence over the content of a Will is enough for undue influence court action.

If the family members or other beneficiaries can prove coercion or manipulation in undue influence court actions, the court will generally revoke the Will. In that case, the probate court treats the estate as intestate and follows the rules that apply.  While those laws vary by state, they generally follow a hierarchy of inheritance, beginning with the spouse and children, parents and other blood relatives, followed by other more distant relatives. 

Anyone who suspects that there has been undue influence in the execution of a Will should contact an undue influence Will and trust attorney immediately to learn the process for pursuing an undue influence court action.  An experienced attorney can provide the guidance to help the parties determine if there is a valid case and how to pursue it.

This is a very difficult task however, as this sort of evidence is hard to produce. Therefore it is more common to claim that the deceased lacked knowledge or approval of the contents of the Will. This generally means that although the deceased very well may have understood the points of the Will, they did not completely comprehend or approve all of the clauses. It can be argued that if it takes a fully trained and experienced solicitor many hours to read and comprehend everything in a fifty page legal document, then an eighty five year old with no experience in legal matters may not have fully comprehended or approved all of the clauses.

Finding the right Wills and probate solicitors

Wills and probate solicitors specialise in the law which determines how an individual may divide up his worldly possessions after death.

How to challenge a Will

The majority of people must inevitably consider how to make a will at some point during their lives, but many different options are available.

Legal aid with contesting a Will

In this day and age it is a sad fact that more and more people are choosing to contest the wills of family members who have passed away.