“Undue Influence” is Very Difficult but not Impossible to Prove when Challenging a Will or an Estate Plan.

A lot of Will (and Trust) contests I handle involve family members seeking to upholding or deny the validity of a Will.  Family member who want to deny the validity of a Will oftentimes claim that the person making the Will was “unduly influenced” by another family member or friend, who happens to be the beneficiary of the Will. These are very difficult and challenging cases. The law in Massachusetts requires that a person asserting “undue influence” to nullify a Will, (or in some cases a Trust) prove that the person making the Will  (or Trust) had their “free will” overridden by one of the beneficiaries to the Will or Trust .  These are very difficult cases to prove (and conversely depending on the circumstances) very difficult to defend when the person making the Will or Trust has a mental disability, such as Alzheimers or Dementia.  These cases are especially challenging as the most important witness is usually deceased.  Give me a call or write me an email if you have any questions or believe you have a case involving these issues.