When creating a will, an individual has the right to leave most of their assets to whomever they wish. This can sometimes lead to hurt feelings and conflict among family members.
What do you do, however, if you believe that someone exerted undue influence over the deceased to benefit themselves?
Defining undue influence
It’s not unusual for someone to change their will to include a new spouse, a close family friend or a valued caretaker. Undue influence occurs when an individual takes advantage of their position to persuade another person’s decisions. In terms of a will, the individual may have manipulated the person writing the will into changing it to benefit the influencer.
It can be difficult to know if someone is exerting undue influence over a loved one, but there are certain signs to look for, such as:
- The influencer kept your loved one away from family and friends.
- The person became highly dependent on the influencer for their daily care or emotional support.
- The will was prepared or changed with unusual secrecy or without your loved one discussing it with others who would expect to be involved.
If you believe that your loved one was the victim of undue influence, you must act quickly. But before doing so, it’s important to remember that only interested parties may contest a will, including:
- Heirs
- Beneficiaries
- Creditors
- Other parties with a claim against the estate
To contest the will, you will need to collect any documents, correspondence or witness statements that can support your claim of undue influence. It can be overwhelming to navigate the complexities of estate disputes. Working with someone to guide you on how to proceed is crucial. Suppose it is proven that the influencer had a significant role in creating or changing the will. In that case, it can be invalidated, leading to a redistribution of the estate according to a prior will or Kentucky’s intestacy laws.