Hi, my name is Colin, your Texas probate and estate planning attorney.
When someone makes significant changes to their Will under suspicious circumstances, it often raises allegations of coercion or manipulation, legally known as “undue influence.”
These situations challenge the validity of the person’s Will and lead to legal disputes and family conflict.
In this blog, we will cover what undue influence means and how to respond if you suspect this is happening in your family.
Let’s get started!
Why undue influence and wills are serious matters
In Texas, “undue influence” occurs when someone manipulates or coerces a victim, overpowering their mind and influencing their actions.
These situations often involve “grooming”—building a false sense of an important relationship. The manipulator then persuades the victim to change their Will to benefit them.
Impact of undue influence and wills deceased’s estate (before death)
Manipulators may convince victims to give them money or property as gifts before death. Families often discover these gifts too late, after the person passes or the statute of limitations expires.
Victims may also fall for scams or identity theft, further diminishing their estates during their lifetimes.
The National Institute on Aging (NIH) provides an excellent article that highlights the most common types of elder abuse happening today. Understanding these examples can help you recognize warning signs and protect your loved ones
Impact of undue influence and wills on the deceased’s estate (after death)
Property that passes by contract
Property passes in two ways: by contract or by Will. Life insurance policies serve as examples of contracts—beneficiaries receive payouts directly upon the policyholder’s death.
Bank accounts with payable-on-death (POD) designations, transfer-on-death deeds, and other assets transfer automatically to named beneficiaries. These transfers can leave families with limited recourse.
Property that passes by will
For property without transfer-on-death deeds, the Will determines its distribution. To challenge the Will, beneficiaries must prove undue influence. A successful challenge can invalidate the Will.
Both scenarios often unfold while families cope with grief, adding urgency to the situation.
Why hiring a probate lawyer is essential
Probate courts in large counties handle these matters frequently, and undue influence remains a common challenge.
Probate lawyers focus on estate law, Will contests, and guardianship cases. Their expertise simplifies complex legal issues and increases the chances of success.
Guardianship matters
Guardianship occurs when a Court determines that someone needs a fiduciary to make decisions for them.
Courts appoint guardians when individuals cannot manage their finances or make medical decisions. Dementia and Alzheimer’s often leave victims vulnerable to predators.
Experience in undue influence and will contests
A probate lawyer gathers evidence like medical records, witness testimonies, and details about the Will’s changes to build a strong case.
With knowledge of local court procedures, they can assess case strengths and guide clients toward favorable outcomes. Choosing an experienced attorney boosts your chances of success.
Legal standards for proving undue influence and wills
Proving undue influence requires showing that the testator—the person who created the Will—acted under manipulation rather than free will. The burden of proof lies with the challenger.
Courts evaluate factors such as:
- The testator’s mental capacity.
- The relationship between the testator and the influencer.
- The timing of the Will’s changes.
Gathering and presenting evidence of undue influence and wills
Evidence in undue influence cases includes:
- Medical records indicating the testator’s vulnerability.
- The sudden appearance of unexpected beneficiaries.
- Behavior suggesting manipulation, like isolating the testator from family.
Witness testimonies and expert opinions from forensic psychologists can strengthen your case. A probate lawyer will help compile and present this evidence effectively.
Possible court outcomes
When courts find undue influence, they may invalidate all or part of the Will. In some cases, an earlier version of the Will takes effect.
If the court denies the challenge, the Will’s original terms remain in place. Consulting a probate attorney helps you understand the legal and financial implications before proceeding.
Final thoughts
Undue influence in Wills poses serious risks to a loved one’s legacy. Taking action quickly ensures their true wishes are honored.
A skilled probate lawyer provides essential guidance through these legal challenges. By preparing thoroughly, you can protect your family’s future.
If you suspect undue influence or need help with a Will contest, we are here to guide you every step of the way.
For more insights and legal advice, visit www.colinsmithlaw.com.
Until next time!