Undue Influence in Montgomery County Wills

Undue influence in Montgomery County is one of the potential ways that a person can contest the validity of a will. Undue influence would be an inordinate amount of pressure to sway a Testator from making a decision they would not have made otherwise. In order to show undue influence, a person would have to be able to illustrate a relationship in which influence would be more likely. For example, a child of the testator or a caretaker may be accused of undue influence. A knowledgeable wills attorney can further explain the undue influence in Montgomery County wills.

Who Is Involved in Allegations of Undue Influence?

When undue influence comes into question, the parties who are involved have a close relationship to the Testator. This person could be:

  • A family member
  • A close friend
  • A caretaker

An attorney can further explain who may be involved in instances of undue influence in Montgomery County wills.

When a Caretaker May Be Involved

A caretaker would be involved in a will discussion if they were named in the will as a beneficiary. Just like any other beneficiary, they would become an interested person of the estate. They would also be considered an interested person if they were named in another capacity or nominated as a personal representative. The personal representative of the estate assumes the responsibility of carrying out the wishes of the testator when they die, so they would be involved in discussions of the will.

Expressing Wishes to the Heirs of the Estate

Wishes might be expressed differently in front of heirs than in front of an attorney because the testator may have a different level of comfort. They may express their true wishes to their attorney as opposed to their heirs to avoid an argument related to the distribution of assets.

Determining the Validity of Montgomery County Wills

When an attorney is assisting a party in contesting a will by trying to show undue influence, they would need to present evidence showing a special relationship between the parties that shows they had an opportunity to exert pressure. They would also need to have evidence showing conversations between the person exerting the influence and other people who have first-hand knowledge of the relationship the testator and the other person shared.

On the other hand, trying to disprove undue influence is trying to maintain the validity of the Will. The attorney may be able to prove that the person had the necessary mental capacity to know what they were doing before and after the date of signing the Will.

Discuss Undue Influence in Montgomery County Wills

If a will was signed under undue influence in Montgomery County, it is not considered valid. This may be the case if someone such as a child or a caretaker coerces a person into leaving them more money than they would have otherwise. To better understand undue influence and the role it can play in the distribution of assets, call today to speak with an attorney.