Undue influence or pressure is a type of legal action used to invalidate wills or trusts. It helps in challenging beneficiary designations for POD banks and securities.
Winning lawsuits regarding undue pressure help invalidate complete inheritance plans by probate courts. Other than that, it is only possible to cancel one or other provisions of the will or trust that are considered to be influenced. An estate planning attorney in Ridgeland can help in such cases.
Proving pressure or influence in wills
Undue pressure refers to the misuse of relationships to influence the deceased grantor or creator of wills in changing the provisions for suiting their benefits by family members. To prove a successful and influential claim, it is crucial to prove that the person against the claim being raised had a significantly strong relationship with the deceased. It is essential to display that the bond contained closeness, secrecy, and trust. Other than that, it must be proven that the individual misused their relationship and trust by overwhelming the real creator and imposing their wishes to make changes in the real provisions. The changes can be in the provision of well, trust, or definition of beneficiaries.
Therefore, if someone claims that the diseased individual was influenced by someone regarding the creation of will or trust and the influencer in question did not receive anything significant after the death, the lawsuit is likely to lose. However, there is no mention of receiving a specific amount or proportion of a state for raising the claim regarding undue influence.
Evidence used in proving undue influence in wills
If you are considering disputing a trust or will after finding out that undue influence was utilized in the creation, it is crucial to use significant evidence. There is a minimal chance of having direct evidence of undue pressure. However, other factors like the relationship between the influencing beneficiary and the deceased individual and its length can be used to prove it. Along with that, mental state, health conditions, and dependency are among the leading reasons used to prove undue pressure in designating inheritance and making alterations in the will.
Undue pressure is not exactly considered a crime in a lot of states. However, a claim can be raised for undue influence to challenge the will. If it is found that the beneficiary used threats for harming, killing, or revoking the necessities of the deceased, it will be considered a crime.