When someone dies, their will can take effect and help guide what happens to their estate. However, this period can also be the right time for the deceased’s beneficiaries to raise issues involving the will, impacting its enforceability and validity. There can be diverse reasons for them to contest the document’s provisions, such as the possibility of undue influence.
An undue influence issue can apply if the beneficiary believes a party influenced the testator during the will’s creation, affecting its contents. It may be a valid reason to contest a will but may require the existence of specific circumstances involving the party to establish presumption, including the following:
- Has an interest in the will and was present throughout its creation
- Actively made recommendations or suggestions to the testator concerning the will
- Aware of what is in the will before it takes effect
- Takes on a key role in providing instructions to the testator’s attorney regarding the will’s preparation and execution
- Chose the will’s witnesses and stored it before the testator’s death
- Committed suspicious behavior during the testator’s life, such as isolating them and potentially manipulative conduct
Even the provisions in the will can show undue influence if it contains unreasonable conditions, making the presumption of undue influence logical. Additionally, proving this type of will issue can require extensive effort, posing various complications based on the case details.
Knowing what to do after contesting a will
Aside from having reasonable grounds for contesting a will, having the facts to support and prove it can be vital. In these scenarios, seeking legal counsel can be beneficial. Experienced insight can help determine appropriate options to address these issues and learn the possible situations that can happen next, especially when going to court could be necessary.