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When contesting a will, the burden of proof is on the person claiming that the choice resulted from undue influence. Understanding the key factors to consider when proving undue influence in will contests is important, as it can be a complex legal process.
What is Undue Influence?
Undue influence is using power or authority to influence someone to do something they would not otherwise do. It is a form of fraud that influences a person's decision-making, often regarding wills and trusts.
What Factors Are Used to Prove Undue Influence?
When proving undue influence in will contests, several key factors are considered. These include the following:
- The relationship between the person making the will and the alleged influencer
- The age and mental capacity of the person making the will
- The presence of any suspicious circumstances surrounding the will
- The presence of any suspicious behavior by the alleged influencer
- The presence of any suspicious changes to the will
What is the Process for Proving Undue Influence?
The process for proving undue influence can be complex and difficult. Having an experienced attorney on your side is essential to help you navigate the process. To prove undue influence, the person making the claim must show that the will was created due to coercion, manipulation, or deception. This requires evidence of the alleged influencer's behavior and the relationship between the two parties. Additionally, the evidence must show that the person making the will was not of sound mind or was vulnerable to manipulation.
Experienced Will Contest Attorneys in Virginia
The attorneys at Obenshain Law Group, have the experience and knowledge to help you prove undue influence and protect your rights. Contact us at (540) 318-7360 today to learn more about how we can help.