Can a will in California be unduly influenced?

| Dec 7, 2020 | Uncategorized |

Ideally, a will gives your loved ones the chance to divide up their assets according to their last wishes. Unfortunately, this isn’t always the case. If someone close to the individual has an agenda, they might influence the individual to write their will in a certain way. They might convince the individual to leave them a large share of the assets or write out certain family members. What can you do if you suspect that a will was unduly influenced?

Can a will be unduly influenced?

During the estate planning process, it’s possible for a will to be unduly influenced. Someone could force, pressure or coerce an individual into changing their will against their wishes. If you suspect that your loved one was unduly influenced while writing their will, you might be thinking about taking it to court.

However, it’s difficult to prove that an individual was coerced into writing the will in a certain way. The testator isn’t around to talk about it, and someone nagging or complaining at them doesn’t qualify as undue influence. You’ll have to provide evidence showing that an individual forced your loved one into altering their will to suit their own agenda. Undue influence typically involves extreme measures like threats, isolation and manipulation. They can drastically impact someone’s emotional estate, but they’re hard to prove in
court.

How can you prove that your loved one was unduly influenced?

An attorney might be able to help you prove that your loved one was under the influence of a shady individual. They might help you uncover evidence that your loved one was isolated from their family members or threatened during the estate planning process. Once you’ve prepared your case, your attorney may assist you in bringing the case to trial and contesting the will.