Do you suspect a loved one’s Will was created with undue influence? Undue influence means that your loved one was forced to create a will that he or she would not have created alone. Typically undue influence situations occur when an attorney or another individual of advisement pushes your loved one into creating a will that benefits them, rather than family or friends.
What is the Mental Capacity of Your Loved One?
In most undue influence cases, individuals lack the capacity to realize that they are creating a Will or trust that does not benefit their family or friends. They rely solely on the advice of their attorney and professionals around them; therefore it is easy to take advantage of them if they are unsure what their estate plan entails.
Some Common Signs of Undue Influence
- The beneficiary receives an unfair amount of the estate
- The beneficiary is a professional advisor, such as an attorney
- The beneficiary is not liked by other family members or friends associated with the estate
What to Do
If you suspect that your loved one was forced to create a will that they would not have otherwise created, you need to speak to a professional to help file your claim. An estate planning attorney can advise you whether or not they feel the will was created under undue influence and can help you prepare and litigate your claim in court.
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