A will or provisions in a will may be considered invalid if the testator who created the will was unduly influenced by another individual. Generally, three things must be proven to show that a testator was unduly influenced. First, the person must actually exert an influence over the testator that is undue. Second, the influence needs to be so strong that it overpowers the testator's mind at the time the testator executes the will. Mere influence on the testator is not enough. Finally, the influence must cause the testator to execute a will that the testator would not have signed but for the undue influence.
There are several factors a court will consider when determining whether the testator was unduly influenced. Factors the courts consider include motive, untraditional disposition, opportunity and access, relationship between testator and alleged undue influencer, susceptibility and ability to resist, and connection between will and alleged undue influencer. Our attorneys can assist you in determining whether you have a basis to bring an action for undue influence. |
