In a legal context, undue influence refers to the act of excessive persuasion or coercion that overcomes an individual’s free will. Specifically, in referencing a Last Will and Testament document, you may strongly believe that your loved one was made a victim of such if they signed off on terms and conditions that you do not think accurately or truly reflect the wishes they once expressed to you. And so, in an effort to gain justice on your loved one’s behalf, please continue reading to learn whether you can contest a will based on undue influence and how an experienced Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC can help you understand whether you have a valid legal case.
What are the most common signs of undue influence in a will?
You must keep a watchful eye on your loved one’s behaviors and actions at the end of their lifetime. And also, at the time of their unfortunate passing, you must take a copy of their Last Will and Testament document to an attorney for legal review, so that they may identify potential patterns of undue influence. With that being said, below are considered to be the most common signs of undue influence in a will:
- Your loved one may have suddenly and drastically amended their existing will or created an entirely new will at the end of their lifetime.
- Your loved one may have socially withdrawn from you and other individuals they were close to, with no explanation, at the end of their lifetime.
- Your loved one may have made unusual financial transactions and transfers of property and assets, with no explanation, at the end of their lifetime.
- Your loved one may have instructed that the most significant gifts and inheritances go to a sole and unexpected beneficiary in their will document.
Who has a legal standing to contest a will for undue influence?
No matter your technical relationship with your loved one, you may fiercely desire to defend them when they can no longer do so themselves, and contest their Last Will and Testament document that you believe was established based on undue influence. Even so, you must make note that only certain individuals are allowed to initiate this estate litigation proceeding before the Pennsylvania probate court.
That is, you must be considered an interested party, or someone who would get hurt financially due to the execution of a will with undue influence. Usually, this means you are an intestate heir who would have inherited something under the state’s intestacy laws if there were no will (i.e., a surviving spouse, child, parent, or sibling). Or, if you were a designated beneficiary in the original will but were not instructed to inherit anything in the most current will.
As soon as you find yourself in potential legal trouble, you must retain representation and advisement from one of the skilled Butler County estate planning attorneys at Heritage Elder Law & Estate Planning, LLC. You should not have to put up this fight alone; we are here to help you.
