When a will goes through the probate process, interested parties have a legal right to contest its validity. One common reason for contesting a will is that someone else had undue influence on the testator (the person making the will).
In an undue influence case, one person has taken advantage of another who is vulnerable and susceptible. They may have put pressure on someone to do what they wanted when they knew that they could get additional property. One example of undue influence is when a family member with more access and a closer relationship pressures the person to cut other family members out of the will.
Undue influence is not limited to just family. There are instances in which others, such as caregivers, can manipulate a senior who relies on them every day. The caregivers are in a position of power, and the senior is in the weaker position. Any kind of legal arrangement made when there is an undue influence can be voided by a court.
Interested parties can challenge the will in probate when they suspect that there was undue influence. They would need evidence to show both the nature of the relationship that the testator had with the person and a change in the will. Specifically, they must prove:
- There was a close relationship
- They received some sort of benefit from the will
- They were in a position to influence the terms of the will
These cases are heavy on facts and need evidence to prove the claims.
Call a Lincolnshire Probate Litigation Attorney
If a will is in probate and there is litigation, you need an attorney on your side. Call the law firm of Chuck Newland & Associates at 847.797.9300 or contact us online to learn more about how we can help.
