Undue Influence

Understand & Recognize Undue Influence with Our Help

When a last will and testament is being created, it can be assumed that the testator is going to act with their own volition, distributing wealth and assigning property rights to those they see as the most deserving. It can be no surprise that some people – relatives, employees, close friends, etc. – might find reasons to disagree with everything in the will, and that they will want to find a way to change it. They may try to exercise undue influence upon the testator by intentionally applying duress or stress to alter the will or simply stop it from being signed and finalized. It should be noted, however, that undue influence can also be used to get a will signed if the influencer wants to ensure it doesn’t change.

If a loved one has drafted a will but is making sudden changes to it, you might have reason to suspect that someone is using undue influence to get their way. With the help of a Sarasota will and trust litigation attorney from The Edwards Law Firm, PL, we can start investigating your claims and defend both you and your loved one from unnecessary duress.

Forms of Undue Influence

Before you can accuse someone of using undue influence, you need to be aware of how it can happen. If someone is simply expressing their opinions – even if they may be damaging to your reputation – they might not necessarily be using undue influence to get you out of the will. There usually needs to be some form of inappropriate stress, recognizable intent to take advantage of an elder’s disabilities, or a direct mention of wanting to see the will changed, signed, or discarded.