One of the most common allegations when contesting a will is undue influence. This occurs when it is believed that a person coerced the deceased into making changes to their will that benefit them unfairly.
It can be challenging to show that someone manipulated your loved one, but certain factors can help you make your case.
Proving undue influence
Undue influence is the unlawful use of power or authority over another person to coerce them into doing something against their will. It is commonly seen in relationships where one person has control over the other, such as between a parent and child, employer and employee, or doctor and patient. It can also be exerted by those in positions of trust, such as friends, financial advisors, or religious leaders.
To contest a will on the grounds of undue influence, you will need to gather evidence that shows such things as:
- The person who exerted the influence had some sort of relationship with the deceased person in which they could exert control over them.
- This person used their position of power to coerce the deceased into changing their will in a way that benefited the person exerting the influence.
- The changes to the will were not in line with what the deceased would have wanted if they were acting of their own free will.
If you find yourself in this situation, it is essential to consider your options carefully. Consider getting legal help before taking action to ensure that you make the best decision.