In a Will Challenge case, Undue Influence exists if a person uses a position of power over the deceased to “influence” that person to change the Will to benefit the person with the power in a way that the deceased otherwise would not have done.
The judge hearing a will contest case can find the will invalid due to undue influence only if they hear the proper evidence. Gathering this evidence will require depositions, expert witnesses such as medical professionals, interrogatories, witness interviews, subpoenaed documents, and evidence presented following the Rules of Evidence and subject to objections by this Will’s proponent. Our experienced Will Contest Attorney will walk you through this complicated journey.
Probating a Will creates a presumption of this Will’s validity. The challenger has the burden of proof.
For example, the Pennsylvania Courts use a three-part test to determine whether undue influence affected a testator in creating a Will. This test originated in In Re Estate of Glover, 669 A.2d 1011 (Pa. Super. 1996). Those challenging the Will must establish a prima facie case showing that:
If the person challenging the Will can prove all three points, the burden shifts to the proponent (who wants the Will terms respected) to confirm that the Will was NOT the product of undue influence.
Only an “interested party” may bring an Undue Influence Will Contest Challenge. A person would become an interested party if the Undue Influence damaged them financially.
For example, if a child’s undue influence causes a mother to change her Will, reducing another child’s inheritance, only the damaged child is an “interested party.” Though others may know of the undue influence and be angered by it, they have no standing to bring the matter to court.
If you have questions about a Will Contest based on Undue Influence or any other estate law topics, please get in touch with us to schedule a free consultation.
Klenk Law has focused only on Estate Law for more than two decades. We’ve seen it all, and this experience allows us to explain complex estate law and Probate clearly and concisely. If you are involved in Probate Litigation, our experienced Probate Litigation Attorneys will make it easy to understand. Further, our Will Contest Lawyers provide top-notch representation. Therefore, you can make the best decisions for yourself and your family.
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
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I met Peter soon after he started his practice in Philadelphia, PA. He and his team have always been there for me and my various inquiries throughout my life-changing events, corporate relocations. I have lived in various cities throughout the nation, I have never had a problem in contacting Peter or a member of his team. He and his office responds quickly and returns calls to me to fulfill my requests for information or to revise my estate needs while posing relevant thought-provoking questions that I need to consider to secure my future. One of Peter's best qualities is his ability to answer clients complicated questions in a simple way to ensure comprehension.
Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.
I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!
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I contacted Peter through his website using the free consultation link for a question regarding a will. While I was expecting only a few minutes, it was a lengthy conversation. He made sure he understood the situation by asking many questions before offering advice. He then went through my options and results of each one. He left it up to me to decide if I wanted to proceed and did not push me toward one or another. His website has very useful information which I definitely researched before I called him. While I decided not to proceed at this time, I feel I had enough information to make that decision. I would not hesitate to hire him should I need to in the future.
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