Undue Influence in Wills and Trusts and the Law

Elder abuse has become a serious problem in this country, as the baby boomer population is aging, making out wills, and passing away, leaving property to be disposed of.  Most people who die leaving a will can expect that will to be followed.  However, more and more cases of undue influence elderly are arising, whereby a relative or person of authority has been suspected, charged, and even found guilty of successfully pressuring an individual to leave them a large part of their will or trust.  As a result, undue influence law has been strengthened to combat such abuses.

Undue Influence Legal Requirements

Undue influence law can only be invoked when the person suspected of exerting that influence receives a substantial, and generally inappropriate, portion of the estate.  If a third party is suspected of influencing the making of a will in favor of a relative or friend, which is considered fraud and must be proved under those laws.

The deceased individual does not have to be suffering from dementia or delusions for the courts to pursue undue influence probate actions.  Merely the use of coercion, manipulation, deception, or intimidation to influence the terms of a will must be found in undue influence court proceedings.  That is a difficult task, however, since such evidence is often hard to produce in an undue influence probate proceeding. 

Undue Influence Penalties

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. 

Undue Influence Wills Legal Assistance

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.