Challenging a Will When Undue Influence is Involvedby Ted Gudorf (Gudorf Law Group, LLC)
The other common reason for challenging a will is that the testator was under undue influence at the time the will was created.
Undue influence means that, while the testator may have had testamentary capacity and sufficient mental capacity, he or she was under the influence of or manipulated by another person with selfish intentions.
The nursing home nurse who makes an effort to keep family members away from a well-to-do resident and then manipulates him or her into a writing a new will that names the nurse as beneficiary is an example of undue influence that could invalidate a will. However, the son or daughter who spends more time or money caring for their elderly parent and makes a request for more of the inheritance is unlikely to be upheld as undue influence.
Ohio probate attorneys representing family members who are challenging a will usually know that they must show that the alleged influencer had selfish motivations for influencing the testator and exhibited manipulative behavior toward the testator.
Are you considering challenging a will because the testator lacked mental capacity at the time of executing the will or created the will under the undue influence of someone with selfish intentions?
Do you need to defend a loved one’s will against an unfair challenge?
In Ohio, the probate attorney’s office of Gudorf Law Group, LLC, can assist in challenging a will or defending a will. Call our office at 1-877-483-6730 to schedule a free consultation.