Older adults are often the target of unscrupulous people. These con artists prey on a person’s vulnerability to take advantage of them.
And when the elderly loved one passes away, the family is left heartbroken. Adding to their grief is learning they have been cut out of the will. Surely, undue influence was a key factor, but how can you prove it?
The elements of undue influence
Undue influence occurs when a vulnerable person is manipulated or pressured into making decisions about their estate that they likely wouldn’t have made on their own. Therefore, the will and other legal documents don’t truly reflect the intentions of the person who created them, known as the testator. With undue influence, those intentions are erased.
New York State’s Surrogate Court handles probate matters and doesn’t take accusations of undue influence lightly. To prove such a thing, you’ll likely need the following elements:
- The testator was vulnerable to influence due to age, mental impairment or physical dependence.
- The accused had to have access to the testator and the opportunity to exert their control.
- The accused used coercion or manipulation, such as isolating the testator from family and loved ones or using emotional pressure.
- The will contains terms that are inconsistent with the testator’s prior intentions, such as cutting family members out completely or leaving a disproportionate amount to the accused.
To contest a will, you need to be someone who has a financial stake in the outcome, such as an heir, beneficiary, creditor or another party with a claim. And it’s essential to have the right evidence to support a claim of undue influence, such as:
- Medical records
- Witness testimonies
- Previous estate planning documents
- Behavioral red flags from the accused, such as cutting off family visits, making all the decisions or handling all of the finances.
If you believe that undue influence is a factor in a loved one’s will, acting quickly is vital. You will want to discuss your concerns with someone who can evaluate the strength of your case and guide you through the process. Having legal help is your best chance for a positive outcome.