If you recently lost someone you love and their will seems strange, it may be time to consider the possibility of undue influence. Unfortunately, it is a common problem among the elderly and vulnerable.
A rough definition of undue influence in the realm of estate law is inducing someone to act outside free will or without reasonable attention to the possible consequences. It can result in estate documents that reflect the influencer’s desires rather than the testator’s.
Anyone can commit undue influence
Unfortunately, anyone close to the testator can engage in undue influence – even a child or grandchild. Care providers can also attempt to influence those they care for. The intimate nature of caregiver relationships provides ample opportunity to exert influence.
Proving undue influence in Texas
Proving someone unfairly influenced your loved one can be challenging, as direct evidence is often scarce. However, circumstantial evidence can be compelling. Examples include:
- Testator vulnerability: Show the testator’s weakened state made them vulnerable to influence with medical and mental health records
- Unnatural dispositions: Show that the will disproportionately benefits the influencer and significantly deviates from previously expressed wishes
- Opportunity and motive: Show that the influencer had opportunities to exert control and a motive to benefit from the will changes
- Behavioral changes: If applicable, show that sudden changes in the testator’s behavior coincide with the unusual will provisions
- Witness testimony: Collect statements from individuals who observed the testator’s interactions with the alleged influencer
With evidence and legal guidance, you may successfully challenge your loved one’s will, ultimately preserving their final wishes.