By Kent Berk on June 22nd, 2017 in
When is a will or trust invalid because of undue influence? In Arizona, it’s not enough that someone simply influenced the person making a will or trust — it must rise to the level where the influencer overpowered the person’s free will and caused them to include someone else’s wishes instead of their own.
In this episode of The Berk Brief, Kent Berk, attorney at Berk Law Group in Scottsdale, Arizona, explains:
✅ What undue influence means under Arizona law
✅ The key factors courts look at when deciding if undue influence occurred
✅ The difference between natural influence and undue influence
✅ How the presumption of undue influence arises — and what it means for your case
✅ Who has the burden of proof in an undue influence claim
Kent also discusses how courts evaluate whether someone was vulnerable to influence, whether changes to an estate plan were suspicious or inconsistent, and what evidence can support or defeat an undue influence claim.
If you believe a loved one’s will or trust was the product of undue influence, or if you’re defending against such a claim, our experienced probate and trust litigation attorneys can help.
Contact Berk Law Group:
https://berklawgroup.com
Scottsdale, Arizona
