There are many reasons people contest a will. Some common reasons include failing to meet the requirements of a valid will, lack of capacity or undue influence.
If a loved one passes away and you do not believe the terms of their will are what they would have wanted, you might wonder if someone threatened or forced them into writing their will a certain way.
This is the common law definition of undue influence in Maryland. It involves someone taking advantage of another person to coerce them to create a will in way they otherwise would not. The goal is typically to benefit the person exerting the undue influence.
Undue influence factors
Maryland law lists seven elements that are used to analyze whether a case involves undue influence:
- A confidential relationship
- A substantial benefit to the alleged influencer
- Assistance by the alleged influencer in executing the will
- An opportunity to exert influence
- A will containing an unnatural disposition
- A will with terms different from earlier wills
- The testator being highly susceptible to undue influence
If you are trying to prove a will is the product of undue influence, you do not need to show all seven factors, although having facts that apply to as many factors as possible helps.
Generally, two of the most important factors are showing a confidential relationship and that the testator was highly susceptible to undue influence.
How do I show a confidential relationship?
A confidential relationship typically involves a situation where one person assumes that the other would not do anything against their wishes and is looking out for their welfare. Another sign of a confidential relationship is one person having the power to exert influence or control over the other.
Some relationships are automatically deemed confidential, such as a power of attorney relationship with a principal or a trustee relationship with the trust beneficiary. This is direct evidence you can use to prove a confidential relationship. Otherwise, you must gather any circumstantial evidence you have to show the confidential relationship.
How do I prove someone is highly susceptible to undue influence?
Proving another person is highly susceptible to undue influence also requires strong evidence. A medical diagnosis showing that a person was incompetent or had diminished capacity is good evidence.
Additionally, the author of the medical records, such as a doctor or psychiatrist, can testify as an expert witness about the testator’s capacity.
Non-expert, or lay, witnesses can be helpful by providing testimony about their observations of the relationship between the alleged influencer and the testator.
Examples of what they can testify about include how the alleged influencer treated the testator, the degree to which the testator was isolated from everyone aside from the alleged influencer or how much the testator relied on the alleged influencer.
Protecting your loved one’s interests
Will contests can be difficult, complicated and tear family relationships apart, especially when someone is accusing another of undue influence. But an estate should be distributed according to the testator’s wishes.
But proving undue influence is challenging. It is always best to learn your chances of success before contesting a will based on undue influence.
