When someone suspects a loved one’s will doesn’t reflect their true intentions, undue influence – a legal ground for contesting a will – may be to blame. It occurs when someone exerts pressure that overcomes the testator’s free will, often resulting in unfair benefits to the influencer.
Understanding how courts evaluate undue influence claims can help you determine if you have cause for a contest and whether you have a viable case.
What may count as undue influence?
Courts look for signs that the testator was vulnerable and that the alleged influencer had the motive, the opportunity and ultimately benefited in a way that suggests manipulation.
Common red flags include isolation of the testator, secrecy around the will’s creation and sudden changes favoring a caregiver, relative or new acquaintance. The influence must be so strong that it replaces the testator’s intent for the influencer’s own.
Who can bring a claim?
Only “interested persons” may contest a will in Massachusetts — typically heirs or other beneficiaries. These individuals must file a formal objection during the probate process. Timing is critical, as state law imposes strict deadlines for initiating a will contest.
How is evidence evaluated?
Undue influence is rarely proven through direct evidence. Courts often rely on circumstantial evidence, like medical records, witness testimony and the testator’s mental and physical condition.
If a confidential relationship exists between the testator and alleged influencer, the burden of proof may shift. This can require the influencer to demonstrate that the will was made freely and voluntarily.
Will contests based on undue influence are complex and fact-intensive. Consulting an experienced legal professional can help you assess the strength of your claim and assist with any procedural hurdles.
