Undue Influence

Will Contests – A Primer on Undue Influence

When you die, you can’t take it with you. All assets you own pass at your death to someone, and this is typically done with a Will. Because of sibling rivalries, family disputes, and greed, some of these Wills lead to Will Contests. Will Contests can be based on many different theories, but one of the most common is Undue Influence.

What Is Undue Influence?

All Undue Influence Will Contests are based on a person challenging an offered Will. The Will is often being presented by a family member, caregiver, or new love interest who was unexpectedly given most if not all the estate. The challenger is usually the person whose share was eliminated or reduced.

One of the basic tenants of a valid Will is that it was signed voluntarily. At death, other than certain obligations to spouses, a person has the right to include or exclude whomever they wish. If another person applies pressure to influence the signer to favor them in a way they otherwise would not have been favored then the Will is invalid.

The judge must find that the pressure applied and the changes made to the Will were a direct result of this pressure. It can be thought that the Will now represents the Will of the person applying the pressure, not the signer. Because the Will no longer reflects the signer’s wishes, the Will is invalid.

Factors the Judge Considers In an Undue Influence Case

The judge listens to the evidence and is looking for specific things. To find a Will the product of Undue Influence, the judge must believe that the influencer had the time and opportunity to apply the influence and that the person was of diminished capacity, subject to being influenced by this pressure. The person applying the pressure must be benefited. The person challenging the Will must have been harmed.

The existence of diminished capacity is vital. Typically, the challenger must hire a doctor to review medical records and produce a report concluding that the deceased was susceptible to undue influence because of diminished capacity. This doctor might also have to testify in court. The person who supports the Will then strive to find a doctor who will say the opposite. Access to medical records is usually gained during the cases’ discovery portion.

The Results of a Successful Will Contest

If the judge rules that Undue Influence caused challenged will, then the Will is void. The deceased’s prior will becomes the Last will. If there was no previous will, then the deceased’s assets pass under the Rules of Intestacy. Typically, during the Will Contest the estate’s assets are held pending the litigation results. Having your experienced Will Contest Lawyer secure the assets is essential.

Appealing The Results

After the judge rules, there is a short amount of time for an appeal. Appeals to a higher court is a specialized legal area of legal practice. Most Will Contest Lawyers have never done an appeal, so consult with someone who has a proven track record.

How Often Are Will Contests Successful?

Allegations of undue influence might feel commonplace, but the reality is that, in general, will contests are uncommon. What’s more, the vast majority of these challenges aren’t successful.

There is no hard data on how often wills are challenged, although some attorneys have reported anecdotally that it is between 1 and 10% of all wills. However, there has been some research done on how likely these challenges are to be successful. According to a study titled The Inheritance of Wealth in America, only around one percent of all will challenges will ultimately succeed.

While that may sound low, it is never a good idea to assume that a challenge based on undue influence is doomed to fail. These statistics do not necessarily take into account cases that ended in settlement, so your chances of success could be greater than they appear on the surface. Your Philadelphia undue influence attorney can help you determine whether you have strong grounds for a challenge.

The Process of Will Contests in Philadelphia

Challenging a will based on undue influence usually occurs through a formal legal process known as a will contest. In Philadelphia, these disputes are typically handled through the Orphans’ Court Division of the Court of Common Pleas. These cases typically follow this procedure:

Filing a Petition

The process usually begins when an interested party files a petition challenging the validity of the will. This petition outlines the reasons for the contest, such as claims that the will resulted from undue influence or that the testator lacked capacity when signing the document.

Gathering Evidence

After the petition is filed, both sides begin collecting evidence. This stage may include reviewing medical records, examining financial documents, and interviewing witnesses who observed the testator’s condition or the circumstances surrounding the will’s execution.

Depositions and Discovery

During discovery, attorneys may take depositions from witnesses, family members, drafting attorneys, or caregivers. These sworn statements help clarify what happened when the will was prepared and signed.

Court Hearings or Trial

If the dispute cannot be resolved through negotiation, the case proceeds to a hearing or trial. The court will review the evidence and determine whether undue influence affected the creation of the will.

Klenk Law Is Here to Help

If you believe your loved one’s will is a product of undue influence, now is the time to act. No one should have to face the consequences of a last will and testament entered into under undue influence, and, at its core, undue influence is a form of fraud. This process is not always easy, but the right support can help you get the outcome you deserve.

At Klenk Law, our attorneys are dedicated to helping families through this challenging process. If you believe your loved one was a victim of undue influence when creating their will, our team can help. Reach out to our firm as soon as possible to schedule a confidential consultation with a Philadelphia undue influence attorney.