If you suspect your loved one was a victim of undue influence when making their will, you can challenge its validity in a probate court.
Undue influence happens between the perpetrator and the victim and takes time. In most cases, the victim and the people around them may even be unaware it is happening. How, then, do you go about proving that your loved one was unduly influenced into making their will?
The evidence is usually circumstantial
Proof of undue influence is mostly indirect due to the lack of witnesses. The court may have to rely on circumstantial evidence when making its determination. Here is how you can build your case.
First, it should be evident that the perpetrator had a close relationship with the testator. They could have been their caregiver, attorney or even a relative. The next thing that one should prove is the testator’s physical or mental condition that made them susceptible to undue influence, such as old age or a terminal illness.
Financial records or transactions are also a crucial part of the conversation when proving undue influence. The perpetrator who unduly influenced the testator must have benefited directly or indirectly from their actions. Otherwise, the claim may not stand.
Protect your inheritance
There is no one way to go about proving undue influence, as it all depends on the facts of your case. If you suspect foul play in your loved one’s will, it may be advisable to act before it’s too late.
Successfully contesting a will requires an informed perspective of the legal technicalities that will come into play since the court normally assumes that it is the testator’s final wishes. To increase your chances of success, seeking the necessary assistance beforehand is highly recommended.