How To Spot Signs Of Undue Influence

Losing someone you love is one of the hardest things you will ever go through. During this time of grief for you and your family, you may also have to attend a reading of the will. The reading of the will can provide much needed closure for family members and many see it as the first step to moving forward. Unfortunately, it can also cause disputes between the beneficiaries.

Sometimes, family members may think the will does not align with the final wishes the deceased had told them. In other instances, the document may sound like it was written by someone else. This is often a result of undue influence. Below, our Daytona Beach wills and trusts lawyer explains more about undue influence, and how to spot it.

Understanding Undue Influence 

Anyone who writes a will is known as the testator. When a testator is in poor health or at an advanced age, they are sometimes more easily swayed by the opinions of others. Undue influence occurs when a third party pressures a testator to include them in their will or other estate planning documents. For example, a caregiver in a nursing home may encourage a resident to leave certain property to them in their will. In most cases, testators do not understand that these third parties are not acting in their best interests.

What are Signs of Undue Influence 

It may seem impossible to spot undue influence but fortunately, that is not the case. One of the most common signs of undue influence is when the terms in a will are more favorable towards a person who has fewer rights to an inheritance over natural beneficiaries. Staying with the above example, if the nursing home resident left most of their estate to the caregiver instead of their biological son, this could be a sign of undue influence. In these instances, the decisions made are not always necessarily forced, but it could raise suspicion, particularly if the revision was made suddenly.

If the person who benefits from the provisions in a will was heavily involved in the process of writing the legal document, this can also be a sign of undue influence. If they were also involved in choosing an attorney and finalizing the document, it can become even more suspicious.

What to Do if You Suspect Undue Influence 

If you suspect undue influence, you may be able to contest the will. You will need to go through probate litigation, which can take anywhere between a few months to one year or more. While no one wants to hold up the probate process, it is sometimes necessary to protect your rights.

Our Wills and Trusts Lawyer in Daytona Beach Can Advise On Your Case 

At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can review the facts of your case, determine if undue influence is involved, and help you through the process to ensure your rights are protected. Call us today at 386-252-5170 or chat with us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html