Before passing away, people usually arrange for their assets to go to their closest relatives or friends. Questions may naturally arise if someone unexpectedly stands to receive a large share or a distant party is listed as an heir.
Considering how bad actors often target older or vulnerable adults to exploit their wealth, family members may wonder how they can prevent a loved one’s property from falling into the wrong hands.
How does undue influence impact a will?
Undue influence happens when a trusted person or authority figure pressures or takes advantage of the testator, causing them to lose their free will and act in the influencer’s favor. If undue influence did occur, the court may consider the will invalid.
Asset distribution may then depend on the last valid will. Without a valid copy, distribution will follow the state’s intestacy laws. In either case, there are significant implications for beneficiaries. Rightful heirs could lose a portion or all their share.
Proving undue influence will entail showing that the testator was indeed subjected to pressure and lost their free will and that the current will does not reflect their intentions. However, proving undue influence may be difficult as it often occurs behind closed doors.
Elements of undue influence in New Jersey
Before challengers can contest a will, the following elements must exist:
- A confidential relationship: The testator should have relied heavily on the accused person, suggesting that the relationship is not equal. Often, those accused are individuals entrusted with the power of attorney, a caregiver, a doctor or a close family member like a child.
- Suspicious circumstances: These are situations or conditions that may have impacted the will-writing process and raise doubts about its validity. Examples include:
- The testator was mentally incapacitated when making the will.
- The accused person was heavily involved in writing the will.
- The will contains unusual provisions, especially those that do not match the testator’s character or values.
Acting against undue influence is essential to protecting a loved one’s final wishes. However, it is not easy to demonstrate. An attorney’s guidance can be invaluable when navigating complicated cases involving a family member’s estate plan.