Defending Allegations of Undue Influence in Will Cases

Finding out that you’re being accused of unduly influencing a loved one to create a will can be a distressing and overwhelming experience. Whether the will in question was made by a parent, an aunt, an uncle, or even a close friend, being faced with a lawsuit suggesting that you manipulated your relative into making a will is serious. They are now suing you, trying to set aside the will. The good news is, setting aside a legal document is very difficult. The person suing is the one who has to prove undue influence.

Just Plain Influence Does Not Rise to the Level of Undue Influence

Undue influence occurs when someone is accused of manipulating a vulnerable individual into making decisions they wouldn’t have otherwise made, particularly in the creation or modification of a will. These claims often arise in emotionally charged situations where family members or other beneficiaries feel that the terms of a will do not reflect what they believe to be fair or expected.

If you are a beneficiary of a will and someone is accusing you of undue influence, you may feel wrongfully portrayed as a villain when, in reality, you had a close and trusting relationship with your relative—a relationship built on genuine care and respect.

Mere suspicion is not enough on the part of the accuser. They have to bring the evidence that proves undue influence. Just showing influence is not enough. They have to show undue influence, which means taking over the will of the person who made the will. And that's very difficult to find evidence for.

How We Defend Against Undue Influence Claims in Wills

Defending against allegations of undue influence requires a nuanced understanding of the legal process and the dynamics of family relationships. At Albert Goodwin, we approach each case with a strategic and empathetic mindset, aiming to protect both your legal rights and the legacy of your loved one.

Here are some of the steps we take to help defend against these claims:

Demonstrating Mental Capacity

One of the key elements in defending against undue influence claims is proving that the individual who made the will had the mental capacity to do so. We gather medical records, witness statements, and expert testimony to show that your loved one fully understood the nature and consequences of their decisions. By demonstrating that they were of sound mind, we can help establish that their choices were their own and not the result of undue pressure.

Proving the Will Was Made Correctly

We also focus on demonstrating that the will was executed in full compliance with state laws. This includes verifying that all legal formalities were observed, such as ensuring that the will was signed in the presence of witnesses and properly notarized. By showing that the proper procedures were followed, we help establish the validity of the will and counter claims of undue influence.

Gathering Evidence to Demonstrate Independence

Even though we are not the ones who have to provide evidence, it's always good to have evidence on our side just in case. Our first approach is to show that the will—and the decision to create it—was made of the individual's own volition. We will collect evidence such as medical records, witness testimonies, and other documentation to establish that your relative was mentally competent and acting independently when they set up the will.

Establishing That You Had a Close Relationship

We will work to demonstrate that your relationship with the person who created the will was genuine and free of manipulation. Evidence of mutual respect, affection, and consistent contact between you and your relative can help show that the will was a natural extension of your close bond—not the result of undue pressure.

Disproving Claims of Isolation

One tactic used by those challenging a will is to allege that you isolated your loved one from other family members in order to influence their decisions. We counter this by showing that your relative maintained other relationships, continued with their usual routines, and had access to independent legal or financial advice throughout the process of creating the will.

Why Choose the Law Offices of Albert Goodwin

Defending against an undue influence claim requires not just legal expertise but also a deep understanding of family dynamics and the ability to navigate sensitive relationships. With Albert Goodwin, we:

• Provide Personalized Attention: We understand that no two cases are alike. We take the time to learn about your unique situation, the relationship with your loved one, and the events that led up to the creation of the will.
• Build a Strong Defense: We gather the evidence necessary to build a robust defense, from medical assessments to witness statements and financial records. We leave no stone unturned in our effort to protect your rights.
• Keep You Informed: We know that facing a lawsuit is stressful. That’s why we make sure you are informed every step of the way, giving you the peace of mind that your case is being handled with care.

Since 2008, our firm has been dedicated to helping clients navigate complex estate litigation, including undue influence claims. Our extensive experience gives us the insight and skills needed to provide effective representation.

If you are facing allegations of undue influence in the creation of a will, the Law Offices of Albert Goodwin is here to help. Our experienced team understands the intricacies of estate litigation and will stand by you to protect your rights and your loved one’s wishes.

Reach out to us today for a consultation. Let us put our experience to work for you and help resolve this matter as smoothly as possible so that you can move forward with your life. You can call us at 212-233-1233 or send us an email at [email protected].