How Can Undue Influence Be Legally Proven? Undue influence is one of the most common issues to arise when challenging a will or any other estate planning document in Arizona. This term refers to the act of influencing an individual in creating or altering the terms of a will. If you suspect that your beloved was influenced in altering or creating a will, it is advisable to contact an Arizona estate litigation attorney immediately.
The same applies when you want to challenge any other estate planning document, such as a trust, you believe was written out of undue influence. Again, your attorney will review your situation and determine whether there is a valid case of undue influence.
In some cases, there is a presumption of undue influence.
When building a case and proving undue influence, it is important to consider various factors that can help establish the presence of such influence. Not all influence is considered “undue influence.” The term “undue influence” refers to situations where an influencer convinces the decedent or testator to disregard their own wishes and implement the influencer’s desires instead.
Here are a few examples of factors that could be considered as potential red flags, which may assist in proving undue influence:
Fraud: One of the key factors to examine is whether a beneficiary of the estate engaged in deceit or provided false information to the decedent. It is crucial to determine if the fraudulent activity was material to the testator’s decisions in executing the will.
Haste: Typically, individuals take their time to deliberate before signing such an important document. Therefore, a will or trust that was hastily executed could raise suspicions and serve as an indication of potential undue influence.
Participation: Another factor to consider is the participation of a beneficiary in drafting and executing the will. When the beneficiary actively takes part in the creation of the will, it may be argued that their involvement was motivated by self-interest and a desire to protect their own benefits.
Vulnerability: The vulnerability of the testator is an important aspect to assess. If the testator was in a vulnerable state, such as having a mental disability or impairment, it raises concerns about their ability to make informed decisions when drafting a will. Exploiting such vulnerabilities to influence their decisions could be indicative of undue influence.
Confidential Relationship: The existence of a confidential relationship between the testator and the beneficiary can also be a significant factor. A confidential relationship refers to a bond where one party relies on the other due to factors such as trust, advanced age, family connection, superior knowledge or training, and more. If this reliance becomes so significant that the relied-upon party begins to influence the decision-making of the other party, it may suggest a potential case of undue influence.
By considering these factors, along with others that may be relevant to the specific case, one can build a stronger argument to prove the presence of undue influence. It is essential to thoroughly examine the circumstances surrounding the creation of the will and assess if any red flags exist, indicating the exertion of undue influence.
Other surrounding circumstances may be relevant. However, an “inequitable” Will alone is not considered proof of undue influence. It is worth noting that even if someone were to modify their Will in a manner that appears unexpected or uneven, especially later in their life, it is likely insufficient grounds, standing alone, for a court to establish that there was undue influence involve
What Are Some of the Tactics Used to Exert Undue Influence?
Undue influence can be exerted through various tactics aimed at manipulating or controlling an individual’s decisions. Some examples of these tactics include:
- Emotional manipulation and blackmail: This involves using guilt, fear, or manipulation of emotions to coerce someone into making decisions that align with the influencer’s desires. For instance, a child might threaten to restrict access to grandchildren unless a will is changed to their advantage.
- Withholding affection, attention, or care: In certain situations, an influencer may use the power of emotional connection to influence decision-making. This could be seen in romantic relationships where one partner threatens to withhold affection or care unless the other complies with their wishes regarding estate planning.
- Physical abuse: Unfortunately, physical abuse can also be employed as a tactic to exert undue influence. The abuser may subject the victim to physical harm or threats in order to manipulate them into making certain choices regarding their will or other important decisions.
- Isolation and control: An influencer may purposefully isolate the vulnerable individual from friends, family, or other support systems. By controlling access to information and limiting outside perspectives, the influencer gains greater control and reduces the likelihood of the victim seeking advice or challenging their influence.
- Exploitation of vulnerabilities: Those exerting undue influence often exploit the vulnerabilities of the targeted individual. This could include taking advantage of mental or physical health issues, financial dependence, or any other weakness to gain control over decision-making.
It’s important to recognize these tactics in order to protect individuals from falling victim to undue influence. By understanding how such influence can be exerted, we can take steps to prevent the manipulation, drama, and pain that often arise when someone contests a will.
What Can You Do if You Suspect Undue Influence?
If you are concerned that a family member may be in a vulnerable position and susceptible to undue influence, it is essential to take proactive steps rather than wait and see what might happen. One should promptly address the situation to prevent any potential harm. Seeking guidance from professionals who specialize in litigation and handling such cases can be a wise decision. Our litigation team has a proven track record of success in similar situations and would be more than willing to assist you in navigating this challenging process. Whether you need advice on preventive measures to safeguard your loved one or suspect that they may have already fallen victim to undue influence, our team is here to offer support and guidance.
Who Typically Commits Undue Influence?
The typical perpetrators of undue influence are not limited to spouses/lovers and other family. Anyone who has close proximity and a position of trust or authority can potentially exert undue influence over an individual. This includes children, as they may have frequent opportunities to manipulate their parents or other family members. Moreover, individuals in professions that provide a range of personal services, such as lawyers, doctors, therapists, and caregivers, can also be potential perpetrators. These trusted service providers may exploit their influence over vulnerable individuals who are either physically or mentally unwell. Additionally, it could be a relative, friend, or caregiver who takes advantage of a person’s weakened state and susceptibility to the influence of an opportunistic individual.
Are There Other Grounds for Will Contests?
You may be able to successfully contest a will for many reasons. That said, it is also important to note that the court may not accept some reasons if they do not hold any legal grounds. It is therefore important to consult an experienced Arizona estate litigation attorney for further guidance before contesting a will or other document.
Below are a few additional examples of legal reasons to contest a will or other estate planning document in Arizona.
Lack of Mental Capacity
It is possible to contest a will if the testator was not mentally capable of drafting or adjusting the will. This is called “lack of testamentary capacity.” However, each state has its own requirements to prove mental incapacity.
For example, in Arizona, a person is presumed to have testamentary capacity. So, the burden is on the challenger to prove an individual’s mental incapacity. The contestant must demonstrate that:
- The person did not have a general idea of what they owned
- The person did not have the ability to know their family members – the “natural objects of their bounty”
- The person did not have the ability to understand the document
The lack of any one of those three elements means the person lacked testamentary capacity and the document would be deemed invalid by the court.
Faulty or Incomplete Will
A will might not be considered legal if it does not meet certain requirements in Arizona. All statutory requirements must be followed to create a valid will. Unless it is a holographic will or electronic will, in which case different rules apply, for a will to be considered valid in Arizona, all of the following elements must be true:
- The testator (person signing the will) must be at least 18 years old.
- The testator must be of sound mind.
- The testator’s decision when drafting the will must be free and voluntary – without undue influence.
- The will must be signed in the presence of at least two witnesses, one of which may be the notary.
- Anyone who is generally competent to be a witness may be a witness to the signing of a will.
- However, As of October 2019, the witness cannot be anyone the testator has listed as a beneficiary or related to the beneficiaries through adoption, blood, or marriage.
- The will must be created in writing.
On the other hand, a holographic will is valid even without witnesses. A holographic will is valid in Arizona if it meets these simple requirements:
- The testator was at least 18 years old
- The testator was of sound mind
- The testator was not unduly influenced
- the material provisions of the will are in the handwriting of the testator
Arizona allows electronic wills, but special/additional rules apply.
How an Arizona Estate Litigation Attorney Can Help
If not drafted correctly, a will or other estate planning document can be the center of seemingly endless and complicated legal battles. Disputes can arise when you least expect them and involve people you for whom you have so much love and respect. Disagreements can be frustrating, expensive and delay distribution of the estate.
If you need assistance or just have questions involving an Arizona probate, trust or estate matter, Berk Law Group is here to help. Call today at 480-907-0078 or send us a message online to schedule a consultation with one of our experienced Arizona estate litigation lawyers.
