It’s normal for family and friends to make suggestions or express preferences to their loved ones about their will. A child might remind their parent to include a favorite charity, or a spouse might suggest leaving a family heirloom to a specific grandchild. However, what if someone manipulates or coerces a person into making certain decisions or changes in their will?
Courts may consider it as undue influence. This can lead to legal challenges that may invalidate the will or render parts of it unenforceable.
Determining undue influence
Undue influence occurs when someone exerts such pressure on the person making the will – called the testator – that it overwhelms their independent judgment, causing them to make decisions they wouldn’t have made on their own.
Courts typically use a three-part test to determine if undue influence occurred:
- Weakened intellect: This means the testator wasn’t thinking as clearly as they usually do. Maybe they were sick, confused or had memory problems. The court checks if the testator’s mind was strong enough to make important decisions about their will.
- Confidential relationship: This looks at whether the person suspected of undue influence had a special, trusted position in the testator’s life. For example, it could be a caregiver, a close family member or someone the testator relied on for important advice. The court would assess if this person had more influence over the testator than others.
- Substantial benefit: This part examines whether the person suspected of undue influence got a large share of the testator’s property or money in the will. If someone who had a strong influence over the testator also received a substantial part of the estate, it might raise questions.
In Pennsylvania, only interested parties can contest a will based on undue influence. These parties typically include beneficiaries named in the will, heirs who would inherit if the will were invalid or creditors of the estate.
Does your loved one’s will truly reflect their wishes?
While influence from loved ones is natural, it shouldn’t overpower the testator’s own wishes. If you have concerns about undue influence in your loved one’s will, it’s important to consult with an attorney.