Undue influence is one of the reasons a court may invalidate or revoke a will. If you believe your loved one was a victim of undue influence when making their will, you can contest it in probate court. But how exactly do you prove undue influence, given that your loved one is not there to clarify things?
To do that, you need clear and convincing evidence. The court will not revoke a will because you were unhappy with its contents or based on hearsay.
Crucial evidence when proving undue influence
The first thing that must be established is that your loved one was vulnerable. It could be old age, a disease, an injury or anything that would make one susceptible to undue influence.
Second, there must have been an existing and close relationship between your loved one and the perpetrator. They may have been their caregiver, advisor or even a close friend who had a close bond with your loved one. Undue influence is pegged on the premise that they took advantage of the trust or relationship with your loved one.
Lastly, the perpetrator must have benefited from their actions. For instance, they may inherit way more than the rest, which is not what your loved one may have intended.
Get help with your will contest
If you are considering contesting a will to protect your inheritance, it is prudent to seek counsel before taking such action. Proving undue influence is not as easy as it sounds, and you may run into legal hurdles while at it.
Getting the necessary help when building your case and gathering evidence will significantly increase your chances of success.