In a Will Challenge case, Undue Influence exists if a person uses a position of power over the deceased to “influence” that person to change the Will to benefit the person with the power in a way that the deceased otherwise would not have done.
The judge hearing a will contest case can find the will invalid due to undue influence only if they hear the proper evidence. Gathering this evidence will require depositions, expert witnesses such as medical professionals, interrogatories, witness interviews, subpoenaed documents, and evidence presented following the Rules of Evidence and subject to objections by this Will’s proponent. Our experienced Will Contest Attorney will walk you through this complicated journey.
Probating a Will creates a presumption of this Will’s validity. The challenger has the burden of proof.
For example, the Pennsylvania Courts use a three-part test to determine whether undue influence affected a testator in creating a Will. This test originated in In Re Estate of Glover, 669 A.2d 1011 (Pa. Super. 1996). Those challenging the Will must establish a prima facie case showing that:
If the person challenging the Will can prove all three points, the burden shifts to the proponent (who wants the Will terms respected) to confirm that the Will was NOT the product of undue influence.
Only an “interested party” may bring an Undue Influence Will Contest Challenge. A person would become an interested party if the Undue Influence damaged them financially.
For example, if a child’s undue influence causes a mother to change her Will, reducing another child’s inheritance, only the damaged child is an “interested party.” Though others may know of the undue influence and be angered by it, they have no standing to bring the matter to court.
If you have questions about a Will Contest based on Undue Influence or any other estate law topics, please get in touch with us to schedule a free consultation.
Klenk Law has focused only on Estate Law for more than two decades. We’ve seen it all, and this experience allows us to explain complex estate law and Probate clearly and concisely. If you are involved in Probate Litigation, our experienced Probate Litigation Attorneys will make it easy to understand. Further, our Will Contest Lawyers provide top-notch representation. Therefore, you can make the best decisions for yourself and your family.
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