Undue influence occurs when someone exerts pressure on the person making or revising a will, causing them to make unusual, even suspicious, asset dispositions or other changes.
You can contest a will in Massachusetts, but proving undue influence can be challenging to substantiate. Learning more about undue influence claims can guide your next steps.
Elements of undue influence
The court assumes all will distributions are valid unless shown otherwise and cannot act on suspicion alone. To prove someone unduly influenced your loved one’s estate decisions, you must demonstrate four fundamental elements:
- Unnatural or unusual will disposition
- Susceptibility of the testator
- Opportunity for the influencer to exert control
- Use of that opportunity to influence the testator’s decisions
Gathering comprehensive documentation can help in presenting an effective will contest.
Burden of proof
In Massachusetts, the person challenging the will typically has the burden of proving undue influence through a preponderance of evidence. Such evidence must demonstrate it is more likely that undue influence occurred than not.
Aid from forensic experts and other professionals can help you find clear, direct evidence of undue influence.
Examples of evidence may include:
- Medical records showing the testator’s mental state
- Financial documents indicating unusual financial transactions
- Witness testimony about testator vulnerability and influencer conduct
This and other relevant evidence can strengthen your case, helping to demonstrate the opportunity and susceptibility elements.
As you can see, hard evidence is an ideal way to prove undue influence, but it can be hard to come by. If you’re considering challenging a will because of undue influence, it’s crucial to have experienced legal guidance.
