Undue influence in estate planning can cause significant issues with any beneficiaries. Understanding the burden of proof when contesting an estate plan on the grounds of undue influence is important. This ensures clarity and protection for the estate owner’s true intentions and wishes.
What is undue influence?
Undue influence is when one person takes advantage of a vulnerable individual to manipulate decisions about their estate. This manipulation often leads to significant changes in a will or trust, typically benefiting the influencer. Age, illness, or reliance on the influencer may influence vulnerable individuals.
The burden of proof
The person contesting the will or trust holds the burden of proving undue influence. They must show that someone improperly pressured the individual creating the estate plan. The courts consider factors like the vulnerability of the person making the will, the power or control exerted by the influencer, and whether the new estate plan deviates significantly from previous versions.
To meet the burden of proof, the challenging party must provide evidence that undue influence occurred by a “preponderance of the evidence.” This means that it must be more likely than not that the influence affected the estate plan.
Factors the court considers
The courts examine various circumstances when assessing undue influence claims. They look at whether the influencer controlled or isolated the individual, whether changes to the estate plan were unexpected, and whether the influencer had a close or dependent relationship with the person. Courts also consider whether the influencer benefitted unusually from these changes.
Recognizing the significance of evidence
Proving undue influence requires a careful examination of the facts and circumstances surrounding the estate plan. The strength of the case often hinges on the quality of the evidence presented. Addressing these issues thoroughly helps maintain the integrity of the estate planning process.