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Just What Is Undue Influence in Writing a Will?

Posted by Nina Whitehurst | Jan 26, 2018 | 0 Comments

Stressed couple

Challenging a will may be easy.  However, winning the suit isn't.

When a will is written that results in granting what someone wants other than the testator, it is known as "undue influence," according to My Prime Time News in "Undue Influence."

Undue influence can happen when someone who benefits from a will encourages the will's testator to create the will for the influencer's benefit. Merely encouraging someone to make a will does not create undue influence.

A common example is one child convincing his parents to leave him more in the will than his siblings. The siblings will be upset and may decide to challenge the will.

If the court does not believe there was a valid reason for the different inheritances, then the court will invalidate it on the grounds of undue influence.

We can advise you in creating a will that fits your unique circumstances and follows your wishes.

Reference: My Prime Time News (Jan. 18, 2017) "Undue Influence."

About the Author

Nina Whitehurst

Attorney at Law Nina has been practicing law for over 30 years in the areas of estate planning, real estate and business law She is currently licensed in Alaska, Arizona, California, Colorado, Oregon and Tennessee. Her Martindale-Hubbell attorney rating is the highest achievable: 5 stars in peer...

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