Challenging The Validity Of A Will | Undue Influence

Understanding the Grounds for Challenging a Will: Focus on Undue Influence

Definition of undue influence in the context of wills and estate planning

Undue influence in the context of wills and estate planning refers to a situation where an individual exerts pressure on someone else to make changes to their will or other estate planning documents that they would not have made otherwise. This pressure can take various forms, such as threats, manipulation, isolation, or intimidation.

The key aspect of undue influence is that it undermines the free will and intent of the person creating the will or estate plan. It is important to note that undue influence can be difficult to prove, as it often occurs behind closed doors and without any physical evidence. However, there are certain red flags that may indicate the presence of undue influence, such as sudden changes to a will that benefit a specific individual, the exclusion of close family members or beneficiaries, or the involvement of a new caregiver or advisor who stands to benefit from the changes.

In order to protect against undue influence, it is important to create a will or estate plan in a transparent and impartial manner, with the assistance of trusted legal advisors or estate planning professionals. Periodically reviewing and updating estate planning documents can also help ensure that they accurately reflect the wishes of the individual, making it more difficult for someone to unduly influence the process.

Legal criteria for proving undue influence in court

In court, proving undue influence typically involves meeting certain legal criteria to establish that a person was coerced or unduly influenced to act against their own interests. These criteria often include showing that the person exerting influence had a relationship of trust or authority over the victim, that the victim was vulnerable or easily manipulated, and that the actions taken by the victim were not in their best interest.

Evidence of threats, deceit, isolation, or pressure may also be considered in proving undue influence. In order to successfully prove undue influence in court, it is essential to present compelling evidence and demonstrate that the victim was unjustly influenced to make decisions that they would not have made otherwise.

The vulnerable populations often targeted and how to recognize the signs

Undue influence refers to situations where individuals use their power, authority, or relationship with someone to exploit and manipulate them for personal gain. Vulnerable populations, such as the elderly, disabled, and those with mental health issues, are often targeted by individuals seeking to exert undue influence over them.

Signs of undue influence can include sudden changes in financial transactions, isolation from friends and family, and signs of fear or anxiety around certain individuals. It is important for loved ones and caregivers to be vigilant and aware of these signs in order to protect vulnerable individuals from being taken advantage of.

Seeking legal advice and support from professionals in cases of suspected undue influence is crucial in safeguarding the rights and well-being of vulnerable populations.

The role of medical and psychological assessments in establishing undue influence

Medical and psychological assessments play a crucial role in determining whether undue influence is present in a given situation.

Undue influence occurs when one person exerts power or control over another to the point where their ability to make independent decisions is compromised. Medical assessments can help to identify any physical or cognitive impairments that may make an individual more susceptible to being unduly influenced. Psychological assessments, on the other hand, can shed light on the emotional and psychological factors at play, such as manipulation or coercion tactics.

By conducting these assessments, professionals can better understand the dynamics at play and determine whether someone is being unduly influenced, which is essential for safeguarding the autonomy and well-being of individuals.

 

Consequences of a will being invalidated due to undue influence

When a will is invalidated due to undue influence, there can be significant consequences for the distribution of the deceased individual’s assets. Undue influence occurs when someone exerts pressure on the testator to make decisions that are not in line with their true intentions. In such cases, the court may declare the will null and void, and the assets may be distributed according to intestacy laws or a previous valid will.

This can lead to disputes among family members, delays in the distribution of assets, and potential legal battles. It is important for individuals to carefully consider their estate planning decisions and ensure that their wishes are clearly documented to avoid the risk of undue influence undermining their intentions.

Preventative measures: How to safeguard against undue influence when creating a will

When creating a will, it is important to safeguard against undue influence to ensure that your wishes are accurately reflected.

One preventative measure is to choose a trustworthy executor who will carry out your instructions according to your wishes, rather than being swayed by outside influences. Additionally, it is advisable to discuss your intentions openly with family members to ensure transparency and reduce the likelihood of disagreements or disputes. Keeping thorough documentation, such as detailed records of your decision-making process and any changes made to the will, can also help protect against claims of undue influence.

Seeking legal advice from a qualified attorney can further protect your interests and provide valuable guidance on how to create a will that accurately reflects your wishes while minimizing the risk of outside interference. By taking these preventative measures, you can help ensure that your wishes are respected and your estate is handled according to your intentions.

Legal resources and support for individuals suspecting undue influence

If individuals suspect they are being subject to undue influence, there are legal resources and support available to help protect their rights. Undue influence occurs when a person is pressured, manipulated, or coerced into making decisions that are not truly their own.

In such cases, it is important for the individual to seek guidance from legal professionals who specialize in elder law, estate planning, or probate matters. These experts can provide advice on how to recognize signs of undue influence, assess the validity of legal documents, and take appropriate legal action if necessary.

There are also organizations and hotlines dedicated to supporting individuals who may be victims of undue influence, offering resources, information and referrals to legal aid services. It is crucial for individuals to be aware of their rights and seek help if they suspect they are being unduly influenced in any way.

 Grant Edward Rayner*
Langdon Law LPC
Tel: 506-496-5872 (direct)
Mobile: 226-228-1663
email: grant@langdonlaw.ca

Langdon Law LPC

Offices in Woodstock, Hartland and Florenceville-Bristol

*Member Law Society of New Brunswick, Law Society of Ontario. In practice since 1985. Grant has assisted with the probate of estates in British Columbia, Alberta, Ontario and New Brunswick.