Losing a loved one is incredibly difficult on its own, but when questions arise about whether a will truly reflects the person’s wishes, emotions can run high. In Massachusetts, one of the most common grounds for contesting a will is undue influence. If you have questions or concerns about whether and how a will can be contested based on undue influence, it is imperative that you work with a skilled legal professional to understand your rights and options. Continue reading for more information and consult with a knowledgeable Middlesex County will lawyer today.
What is Undue Influence?
Undue influence occurs when someone uses pressure, manipulation, or coercion to overpower a person’s free will in making or changing their will. The result of this pressure is a will that reflects the influencer’s desires, rather than the true wishes of the deceased (the testator).
Undue influence often involves elderly or dependent individuals and a person in a position of trust, like a caregiver, child, or financial advisor. Common red flags or signs of undue influence include:
- Sudden or unexplained changes in the will, especially favoring one beneficiary
- Isolation or control by another person, like limiting contact with family, monitoring visits, or controlling communication
- The testator’s dependence or vulnerability, like if they are elderly, ill, or in cognitive decline
- If a beneficiary was present during the will drafting, controlled the process of securing an attorney, benefitted unexpectedly, or played any other suspicious role
Can a Will Be Contested Based on Undue Influence in MA?
Yes, a will can be contested based on an allegation of undue influence in Massachusetts. Challenges must generally be filed within one year of the Probate Court’s approval of the will, and only “interested parties” are permitted to contest the document. Interested parties are those who are affected by the outcome of the will, such as heirs, beneficiaries, or those who would have inherited something under a prior will.
In order for a will to be valid in Massachusetts, it must meet the following criteria.
- Be in writing
- Be signed by the testator or in the testator’s name by another individual in the testator’s conscious presence and by the testator’s direction
- Be signed by at least 2 individuals who witnessed either the signing of the will or the testator’s acknowledgment of the will
The testator must understand what they are doing when they create a will, and the document must be made in good faith, meaning that it reflects the creator’s true intentions. Undue influence creates a situation where the testator acts against their will.
How Do You Prove Undue Influence?
In order to successfully contest the will based on undue influence, you must gather compelling evidence, including witness testimony from friends, family, attorneys, or healthcare providers, medical records showing their mental or physical weakness or vulnerability, financial records or emails demonstrating manipulation, and statements or drafts from the estate planning attorney.
Expert testimony from psychologists can help establish the testator’s mental capacity and susceptibility to manipulation, and forensic accountants could trace financial exploitation or unusual transactions. Undue influence cases often rely on circumstantial evidence showing an individual’s control or dominance over the testator. For more information and assistance with your case, reach out to a skilled estate attorney today.
