Undue Influence in a Will Contest

Our office has already received several calls about undue influence in will contests, so I thought I would provide a little more information on what ‘Undue Influence’ is in a will contest setting.

Undue influence is one of the most common grounds for contesting a will in Alabama. It occurs when someone exerts excessive pressure on the testator (the person making the will) to the extent that the testator’s free will is overpowered, resulting in a will that reflects the influencer’s desires rather than the testator’s true intentions. The Alabama courts take undue influence claims seriously, as they undermine the principle of testamentary freedom.

Elements of Undue Influence

In Alabama, proving undue influence typically requires evidence of three key elements:

1. Confidential Relationship: There must be a special relationship between the testator and the alleged influencer. This relationship is often one of trust or dependency, such as between a caregiver, a close family member, or a financial advisor and the testator.
2. Participation in the Will’s Creation: The alleged influencer must have actively participated in the preparation, drafting, or execution of the will. This might involve selecting the attorney, dictating terms, or being present during the signing.
3. Substantial Benefit: The alleged influencer must have received a disproportionately large share of the estate under the contested will, particularly when compared to others who might have reasonably expected to inherit, such as children or other close relatives.

When these factors are present, Alabama courts/jury may presume undue influence, shifting the burden to the will’s proponent to prove that the testator acted freely and voluntarily.

Examples of Undue Influence

1. Caregiver Manipulation:

An elderly testator becomes reliant on a live-in caregiver for daily needs. Over time, the caregiver isolates the testator from family and friends and pressures them to amend the will to leave the caregiver the majority of the estate. If the caregiver is found to have unduly influenced the testator, the court may invalidate the will.

2. Dependent Relationship with a Family Member:

A wealthy, elderly individual drafts a will leaving most of their assets to one adult child, disinheriting other children. Evidence shows that the favored child had a controlling presence in the testator’s life, manipulated their decisions, and played a direct role in drafting the will. If the court determines that the testator’s decisions were influenced by fear, coercion, or psychological pressure, the will could be set aside.

3. Financial Exploitation by a Trusted Advisor:

A testator relies heavily on a financial advisor who convinces them to leave the estate to the advisor rather than to their family. If the advisor was involved in drafting the will and stood to benefit significantly, this may be deemed undue influence.

To determine undue influence, Alabama courts examine:

• Mental and Physical Condition of the Testator: Was the testator vulnerable due to age, illness, or diminished capacity?
• Isolation of the Testator: Did the influencer isolate the testator from other family members or advisors?
• Role of the Alleged Influencer: Was the influencer involved in arranging or overseeing the will’s execution?

Undue influence undermines the testator’s freedom to dispose of their property according to their wishes. In Alabama, courts carefully scrutinize the circumstances surrounding will execution, particularly where a confidential relationship, active involvement, and substantial benefit converge. By invalidating wills procured through undue influence, the courts uphold fairness and protect against exploitation.  It is important that the law firm you retain has knowledge and experience in these areas in order to protect your rights.  Burns, Cunningham & Mackey has the experience you need to help you in the event you believe that your loved one has been taken advantage of