What Does Undue Influence Mean in a Will Contest?

 Posted on January 15, 2025 in Estate Planning and Probate

One of the most common grounds for contesting a will is claiming that another party - usually a named beneficiary - had an undue influence over the testator as she was creating her will. This claim is often made when one beneficiary spent a lot more time with the testator than the others around the time the testator executed her will. If the party who spent a lot of time around the testator was heavily favored in the will, it might create the appearance of undue influence. However, it is also common for older adults to see some family members more frequently than others, and this fact alone does not show that anyone pressured or convinced the testator to give him more than what she ordinarily would have. If you have concerns about how an undue influence claim might impact a probate case you are involved in, you should speak with an experienced Comal County, TX contested wills attorney.

Recognizing Undue Influence 

Generally, you should be suspicious that another beneficiary had undue influence over the testator if two things are both true. If the testator spent a lot of time alone with another beneficiary around the time she would have been making her will and that beneficiary received much more than what you would have expected him to, it is fair to suspect that the beneficiary had an unfair impact on the testator’s decision-making. A beneficiary does not need to have threatened or forced the testator into changing her will to favor the beneficiary - simply exerting pressure or trying to talk the testator into making the changes the beneficiary wants is usually enough to be considered undue influence.

However, it is sometimes natural and expected that a testator might favor the people who spent the most time with her in her old age. It is not uncommon for a testator to want to reward the family member who took care of her at home or the grandchild who came to see her in the nursing home frequently. However, these gifts are usually explained in writing and are small relative to the size of the testator’s estate.

Undue influence is more likely to be an issue if the beneficiary in question receives all or most of the testator’s estate property, including assets other family members would have expected to receive. It may also be a red flag if the beneficiary suspected of having undue influence abruptly started spending a lot more time around the testator without a particular reason - this can sometimes suggest that the beneficiary was deliberately taking advantage of an aging testator. Challenging the will may be necessary to get the outcome the testator would likely have wanted prior to the undue influence.

Contact a San Antonio, TX Contested Wills Attorney

Geoff Mayfield, Attorney at Law is committed to combatting undue influence in estate planning. Our experienced Comal County, TX probate litigation attorneys will fight for you to receive the gifts the testator intended for you. Contact us at 210-535-0870 for a complimentary consultation.