Losing a loved one is always an emotional and difficult time. As you begin to sort through their belongings and handle their estate, you may find yourself encountering unexpected challenges regarding their will or trust. Perhaps the will differs significantly from conversations you had with your loved one or maybe it benefits someone in a questionable way. In such instances, you might wonder if undue influence had a hand in the situation.
What constitutes undue influence?
The law in Massachusetts recognizes undue influence as a factor that can invalidate a will or trust. It occurs when someone exerts excessive pressure or control over a person. This effectively overrides their free will and coerces them into making decisions they wouldn’t have otherwise. Undue influence can take various forms, including threats, manipulation or isolation of the testator.
Signs of undue influence
To prove undue influence, you must gather evidence that suggests another individual unduly influenced your loved one. Some common factors to consider are:
- The testator’s mental and physical state: Was the testator vulnerable due to their age, illness or diminished capacity?
- The nature of the relationship between the testator and the influencer: Did a position of power or trust exist, such as a caregiver or close confidant?
- The extent of the influencer’s involvement: Did they actively participate in creating or modifying the will?
- Dispositions that deviate from previous wishes: Does the will drastically differ from the testator’s known intentions or previous wills?
Undue influence in an estate can have profound and far-reaching consequences for families. This can result in an unfair distribution of assets, leaving rightful heirs feeling betrayed and confused. It can also cause financial losses, legal disputes and damaged relationships.
Proving undue influence in court
To prove undue influence in court and build a strong case, you will need to present compelling evidence. This may include:
- Witness testimony from individuals who observed the deceased’s behavior or interactions with the alleged influencer
- Documentation of the deceased’s mental and physical state, such as medical records or cognitive assessments
- Financial records and transactions that suggest unusual or suspicious activity
Establishing undue influence can be challenging. If you suspect that a loved one’s will or trust was the result of undue influence, it may be vital to seek guidance from a legal professional. They may help you find your way through the legal process, gather evidence and protect your loved one’s legacy.
