Undue influence plays a significant role in will contests, as it challenges the validity of a will based on claims that the testator (the person who made the will) experienced pressure or manipulation when making certain decisions. When someone contests a will on the grounds of undue influence, they argue that the testator did not make their decisions freely or voluntarily, but rather under improper influence.
What constitutes undue influence?
Undue influence occurs when someone manipulates, coerces, or pressures the testator to make or change a will in a way that benefits the influencer, often at the expense of other family members or beneficiaries. The key element is that the testator’s free will gets compromised, and their decision-making process becomes influenced. Some examples of undue influence include:
- Threats of harm or intimidation
- Isolation from other family members or friends
- Persuading the testator to change the will at a vulnerable time, such as when the testator is ill or elderly
Offering false promises or making false representations about the effects of the will is also an example of undue influence.
Proving undue influence in a will contest
Proving undue influence in a will contest can be challenging, as it involves showing that the testator lacked mental capacity or that someone manipulated their decision-making. Courts typically look for signs such as:
- The testator’s vulnerability due to age, illness, or cognitive impairment
- The influencer’s opportunity and motive to control the testator
- Sudden or drastic changes in the will that disproportionately benefit the influencer
- A pattern of behavior where the influencer isolates the testator or restricts access to others who might challenge the changes
The contestant can use circumstantial evidence, such as witness testimony or documents that show manipulation or coercion, to support claims of undue influence.
The burden of proof in a will contest
In most jurisdictions, the person contesting the will (the contestant) carries the burden of proving that undue influence occurred. This means the contestant must present enough evidence to convince the court that the testator did not make their decision freely. If the contestant succeeds, the court may invalidate the will or portions of it, restore the previous valid will, or apply the laws of intestate succession.
Conclusion
Undue influence plays a central role in many will contests because it questions whether the testator’s wishes were truly their own or influenced by coercion or manipulation. If you believe someone made a will under undue influence, gather strong evidence to support your claim. Will contests based on undue influence can be complex, and understanding the legal standards is crucial when challenging the validity of a will.