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Robert A. Ray, Attorney at Law
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We have 8 guests online| Learn About Contesting a Will Because of Undue Influence |
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The courts have defined the question as whether ". . . the testator’s free agency was destroyed and . . . his will overcome by excessive importunity, imposition or fraud, so that the will does not, in fact, express his wishes as to the disposition of the property, but those of the persons exercising the influence.” “The exercise of undue influence may be accomplished in many different ways - directly and forcibly, as at the point of a gun; but also by fraud, deceit, artifice and indirection; by subtle and devious, but nonetheless forcible and effective means.” Undue influence “may be exercised through threats or fraud or the silent power of a strong mind over a weak one.”
If you would like to talk to an estate planning attorney or a lawyer who is familiar with probate law to advise you about a will contest, click on the "Let us Help You" tab at the top. |
To set aside a will on the basis of a claim of undue influence the contestant must prove