Indications That A Will Was Created Under Unreasonable Influence

A will that was drafted or altered by the testator in the days or hours before he or she passed away may give rise to contention and distrust among family members, especially in cases where the deceased person’s new “friend” or carer is named as the sole inheritor in their will, while the deceased person’s children, grandkids, and other traditional heirs are disinherited.

A will allows the testator to choose anyone they want to inherit their estate. But only under the condition that they have the autonomy to make that choice of their own volition. In the state of Texas, a will is considered void if the testator was prevented from choosing their heirs according to their own discretion and values, which could have been caused by either an external factor or an internal actor. One of the ways in which one person might take away another’s free will is referred to as “undue influence,” with which an attorney can help.

When someone is subjected to undue influence, it signifies that someone has been manipulated, deceived, or threatened in order to coerce them into doing (or not doing) anything against their will. In the context of this discussion, the phrase “cause someone to change their estate plan to include you as an heir or beneficiary when they otherwise would not have done so” refers to the act of persuading another person to do something that they otherwise would not have done. 

Were they subjected to undue influence?

Even after they have passed away, it might be difficult to determine whether or not a person you cared about was a victim of undue influence from the outside looking in. Some indications that an existing will was drafted or revised with undue influence include the following:

• The new heir was the one who recommended revising the will or was the one who called the attorney who drafted the document. Alternatively, the new heir was the person who contacted the attorney.
• The new heir isolated the deceased from their family and friends for their own protection.
• The new heir held a lot of power over the person who had passed away, for example, since they were their primary caregiver.
• The dead individual displayed symptoms of mental deterioration around the time when the new will was put into effect.

These are just some examples among many. There is a possibility that more information exists that demonstrates the decedent was subject to improper influence. Consult with a probate attorney if you have any reason to believe the will of a loved one is void because of the undue influence of another person.