For many, creating a Will is a deeply personal matter that requires a considerable amount of planning and thought. This process is critical to ensuring that someone’s loved ones will be cared for after their passing. However, if you have reason to believe that a loved one was taken advantage of while planning their estate, this can be cause for concern. As such, understanding what undue influence is and how to prove it to protect the wishes of the deceased, you’ll want to keep reading. The following blog explores what you must know about these matters, including the importance of working with a Medina County, Ohio Will preparation lawyer to assist you during these times.
What Is Undue Influence?
Generally, undue influence is a form of abuse and manipulation in which someone puts pressure on the creator of a Will to include terms and conditions that contradict their wishes and benefit the abuser. This abuse can come in the form of threats, isolation, deception, or harassment. Essentially, anytime someone forces the creator of a Will to add terms that they would not have otherwise included in their Will, it can constitute undue influence. Generally, this impacts elderly individuals, making this a form of elder abuse.
For example, a child may manipulate their elderly parent into changing the terms and conditions of their Will to disinherit their siblings so they can be the sole recipient of the assets left by their parent.
How Do I Prove Someone Was Under Undue Influence?
Unfortunately, proving undue influence can be incredibly difficult. This is because the person responsible for creating the Will is not able to express their wishes at the time at which the document was created. As such, the court will rely on the testimony of those close to the deceased, like their family, friends, business partners, and even healthcare providers. This can help the court get a better understanding of the person’s mental state at the time the Will was created and signed, as well as whether or not they expressed wishes that contradict the terms and conditions included in the document.
If you are worried that a loved one is being taken advantage of, it’s imperative to understand that prevention is easier than attempting to prove undue influence in court after their passing. As such, if you have reason to believe they lack the mental capacity to make these decisions and are under the guidance of someone else with ill intent, you should petition the court to appoint a conservator or guardian.
As you can see, navigating a matter in which you believe your loved one was under the influence of another person can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney at Krause Law to discuss your circumstances. Our team can examine your situation to determine the best course of action for your needs. Contact us today to learn how we can assist you.
