Undue Influence in Fairfax Wills

The estate planning process can be emotionally charged, especially when considerable assets are involved. In some cases, an individual trying to draft a will may experience pressure or threats to make decisions they are uncomfortable with.

If you are concerned about undue influence in Fairfax wills, you could benefit from the services of an experienced attorney. A lawyer understands how undue influence can shape a will, and they could work to make sure the process proceeds fairly. Call today to schedule a consultation.

Definition of Undue Influence

Undue influence in Fairfax wills occurs when a testator is influenced by someone else to do something that they would not otherwise do on their own. A common scenario would be where a testator is convinced by either a family member or a caretaker to include someone in their will as a beneficiary that they otherwise would not have done.

Using undue influence could be using threatening language to communicate to the testator that if they don’t include that person in their will, that something bad might happen to them or they would not be cared for properly. Because of the threat, the testator goes ahead and includes that person in their will when they may not have done so if they had not been influenced.

Parties Involve in Undue Influence Scenarios

One party is the testator because they are the person who is being influenced. The other parties who are doing the undue influencing are typically people who are close to the testator. Friends, family members, and caretakers come into play as well. Caretakers spend a lot of time with testators, possibly become close with them and form a relationship where the testator, to a certain extent, does trust the caretaker and is able to be influenced by that person.

How Wills Lawyers Handle a Case

In undue influence litigation cases, lawyers would have to put on testimony by other witnesses to either prove or disprove undue influence. For example, in a case where a lawyer was trying to prove undue influence, they would have to find witnesses who would be able to testify to conversations that were had between the testator and the person who was allegedly influencing the testator. There may also be circumstantial evidence in addition to witness testimony that could prove undue influence.

Role of a Caretaker in Undue Influence Cases

Caretakers can serve as witnesses to potential undue influence claims, but they can also be the cause of undue influence claims. Because of the nature of the caretaker and the testator’s relationship, the testator can come to trust the caretaker. As a result, a family member or other person who may be expected to benefit from the testator’s will could potentially allege wrongdoing if they felt like the testator would not have named the caretaker in their will if it had not been for undue influence.

Reach Out to a Fairfax Wills Attorney for Assistance

The presence of a will does not always mean dividing assets will go smoothly. Undue influence in Fairfax wills could be involved, making it difficult to ensure the deceased’s true wishes are followed. In other cases, the testator told their family one thing but told their attorney something different. These sorts of cases can be a nightmare for families to sort through without the help of a skilled trusts and estates lawyer.

If you need assistance handling the execution of a will, reach out to a qualified attorney today. They could investigate any allegations of undue influence and help the process proceed fairly.