How to Prove Undue Influence
- 1). Step 1) Undue influence is one of the most common ways to challenge a will. In order to prove undue influence, you must establish suspicious circumstances. The first suspicious circumstance is CONFIDENTIAL RELATIONSHIP. "Was there a confidential relationship between the testator and a 3rd party?" If so, you might be able to establish undue influence.
- 2). Step 2) The second suspicious circumstance that can establish undue influence is TESTATOR'S MENTAL OR PHYSICAL DETERIORATION.
- 3). Step 3) The third suspicious circumstance that can establish undue influence in a will is BENEFICIARY'S ACTIVE INVOLVEMENT IN THE PROCUREMENT OF THE WILL.
- 4). Step 4) The fourth suspicious circumstance that can establish undue influence in a will is SECRECY CONCERNING THE WILL'S EXISTENCE.
- 5). Step 5) The fifth suspicious circumstance is TESTATOR'S ADVANCED AGE.
- 6). Step 6) The sixth suspicious circumstance is LACK OF INDEPENDENT ADVICE IN MAKING THE WILL.
- 7). Step 7) The seventh suspicious circumstance is TESTATOR'S ILLITERACY OR BLINDNESS.
- 8). Step 8) The eighth suspicious circumstance is the UNJUST OR UNNATURAL NATURE OF THE WILLS TERMS.
- 9). Step 9) The ninth suspicious circumstance is the TESTATOR'S DISTRAUGHT STATE.
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Step 10) The tenth suspicious circumstance is DISCREPANCIES BETWEEN THE WILL AND THE TESTATOR'S INTENTIONS. - 11
Step 11) The eleventh suspicious circumstance is FRAUD OR DURESS DIRECTED TOWARD THE TESTATOR. I hope this has been a helpful article on how to prove undue influence in a will. Good luck!
