Proving Undue Influence Affected a Will

 Posted on November 06, 2023 in Estate Planning Blog

Undue influence can significantly impact the validity of a will in someone’s estate plan, potentially altering the distribution of an individual’s assets after they have passed away. Proving the presence of undue influence is a complex task, often requiring a careful examination of various factors. If you are concerned that undue influence affected the will creation of a loved one, contact a lawyer right away. If undue influence was indeed a factor in the creation of your loved one’s will, you may have legal grounds to contest the estate.

Essential Elements of Undue Influence 

In Illinois, undue influence is when someone is pressed or manipulated to make decisions against their free will. When it comes to proving undue influence in a will, various elements need to be established. These include:

• The existence of a confidential relationship between the influencer and the testator

• The influencer’s active participation in the creation or alteration of the will

• The presence of suspicious circumstances surrounding the execution of the will

Establishing a Confidential Relationship 

To prove undue influence, it is crucial to demonstrate the existence of a confidential relationship between the influencer and the testator. Such a relationship usually involves trust, reliance, and dependency. Examples may include relationships between elderly individuals and their caregivers or between a vulnerable person and a close family member. The court will closely scrutinize the nature of this relationship to determine if it allowed undue influence to occur.

Active Participation in Will Creation or Alteration

Another critical aspect of proving undue influence is establishing the influencer’s active participation in the creation or alteration of the will. This can be demonstrated through evidence such as the influencer’s presence during the will’s drafting, their involvement in discussions about its contents, or their manipulation of the testator’s decisions. It is important to present a clear connection between the influencer’s actions and the resulting changes made to the will.

Suspicious Circumstances

The presence of suspicious circumstances surrounding the execution of a will can strengthen the case for undue influence. These circumstances may include sudden and dramatic in the will’s provisions, the testator’s diminished capacity, or the influencer’s isolation of the testator from friends and family. While suspicious circumstances may not prove undue influence, they raise questions that require further investigation. Gathering compelling evidence to support the claim of undue influence is of the utmost importance.

Contact a DuPage County, IL Contested Estate Attorney

If you think your loved one was affected by undue influence in the creation of their will, contact the experienced Wheaton, IL contested estate lawyers with Stock, Carlson & Asso. LLC. Call 630-665-2500 for a private consultation.