During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question arises: What is what is undue influence and how can it be demonstrated? This blog will discuss the general definition of undue influence elaborate on the proof required to demonstrate its presence.

Appellate courts have explained that for influence over the decedent to rise to the level of undue influence, it must be demonstrated that such influence destroyed the free agency and will of the person over whom it was exerted upon. This type of coercion may be mental, moral, or physical, or a combination of all three. The influence must rise to a level to preempt the testator from following the dictates of his or her own mind and will, and instead, accepting the domination and influence of another. Typically, to establish the existence of undue influence, there must be shown a weakness of mind, and that the desire of the testator was distorted by the imposition of a stronger dominating influence. The mere fact that a party may give care and assistance to the testator does not in itself indicate evidence of undue influence so as to destroy the free will of a testator. Instead, it must be demonstrated that the influence destroyed the free agency and will of the person over whom it is exerted, and instead, the Will reflected the desires of the person who exerted the influence.

Typically, undue influence is demonstrated through witness testimony, and perhaps relevant documents, which evidence that another individual exercised mental, moral, or physical exertion, or all three, over the decedent. Also, if there are drastic changes in the decedent’s estate documents which directly benefit the alleged wrongdoer this may be additional proof that undue influence was exercised over the decedent. Typically, however, the proof of undue influence during a Will contest is comprised of both witness testimony, as well as documentary evidence which demonstrates the exercise of this unlawful influence. The presentation of this testimony can be complex and must be carefully planned. As such, if you are seeking to challenge a Will based upon an allegation of undue influence it is strongly suggested that competent counsel be retained in order to properly present this complex evidence to the court.