When a loved one passes away, it can be a difficult and emotional time. However, if you suspect that someone exerted undue influence over your loved one’s will or trust, you may be wondering how can you contest it.
Undue influence is a serious allegation that can lead to a will or trust being deemed invalid. But what exactly constitutes undue influence, and how can you challenge a will or trust based on these grounds?
What is undue influence?
Undue influence is when someone pressures a person to change their will or trust in a way they wouldn’t have if they were making the decision freely. Think of it as someone taking advantage of another person’s weakness or vulnerability.
This manipulation can lead to unfair estate distributions, where the testator’s true intentions are overshadowed by the influencer’s desires. If you suspect that a will or trust was procured through undue influence, you may be able to contest it. In Florida, the law is clear about the effects of undue influence on estate documents. If a will or trust is created, amended, or revoked due to undue influence, it can be declared void.
Challenging a will or trust based on undue influence
To challenge a will or trust, you should consult with an estate planning attorney to evaluate the merits of your case. Once you have legal representation, you will need to gather evidence that demonstrates the undue influence, such as witness statements, medical and financial records or communications that show manipulation, extortion or other types of fraud.
Your attorney will then draft a complaint outlining the allegations and file it with the appropriate Florida court. The complaint must be served to the defendant, who will have an opportunity to respond. The case will proceed through the legal process, which may include discovery, mediation, and potentially a trial.
Undue influence is a serious allegation that can lead to a will or trust being deemed invalid. If you suspect that someone exerted undue influence over your loved one’s estate, don’t hesitate to seek legal help.