When probate litigation occurs, it often involves family members who believe a will does not reflect the true wishes of the person who passed away. One common reason for this belief is undue influence on the testator.
Undue influence refers to pressures or manipulation on the person making the will. If someone else coerced them into changing the will in a way that benefits the influencer, it is important to prove this during probate litigation.
How can you prove undue influence?
To prove undue influence in Kentucky, the person challenging the will must show that the person who made the will did not act freely. The court will not accept simple suspicion or family disagreements. The evidence must show that the influencer had control over the person’s decisions and used that control to affect the terms of the will.
What are the signs of undue influence?
Kentucky courts usually look for certain telltale signs of influence. These include a close and confidential relationship between the influencer and the person who made the will. A sudden or major change to the will that benefits the influencer can also raise questions. For example, if a caregiver becomes the main heir after a new will appears, that change may lead to closer review.
Other important signs include isolation from other family members, mental or physical weakness or complete dependence on the influencer. Witnesses who saw the influencer speaking for the person or answering questions on their behalf can also help prove the claim.
Probate litigation involving undue influence can cause long and painful family conflicts. Courts in Kentucky try to protect the true wishes of the person who died. They look at all the facts, including the relationships and the condition of the person at the time of writing the will. If the court finds clear signs of manipulation, it can reject the will and follow a prior version or use Kentucky’s intestate laws to divide the estate.