Crafting a Will is a profoundly personal endeavor, demanding careful consideration and difficult choices. However, after your passing, these decisions can become a source of conflict if allegations arise that undue influence has compromised your Will. If you are unfamiliar with this concept or how it manifests, continued reading will be beneficial. Furthermore, this blog post highlights why consulting with an experienced Washtenaw County Wills Attorney is crucial for ensuring your estate plan truly reflects your desires.
What is Undue Influence?
First and foremost, it’s important to understand that undue influence refers to a situation in which one individual, through manipulation, coercion, or abuse of a confidential relationship, overcomes the free will of another, causing them to make decisions that are not truly their own. In the context of a Will, this means that the testator’s decisions about their estate affairs were not a result of their own independent judgment but rather the product of someone else’s improper influence. Essentially, the influence is so strong that it overcame the testator’s free will, forcing them to act against their true wishes, often benefiting the person who is manipulating them.
How Do I Challenge a Will Based on Undue Influence in Michigan?
To successfully challenge a Will based on undue influence in Michigan, the individual contesting must prove several elements, including:
- The susceptibility of the testator: Generally, the first thing you will need to establish is that the testator was susceptible to outside forces. This usually involves demonstrating that the testator was in a weakened physical or mental state, potentially due to age, illness, or mental incapacity, which made them vulnerable to persuasion and manipulation.
- Opportunity to exercise influence: The alleged influencer had a relationship with the testator, enabling them to exert undue influence. This means that they were in a position of trust or had significant access to the testator, like a caregiver.
- Disposition to exert influence: In addition, there must be evidence that the alleged influencer had a desire motive to exert undue influence to gain a benefit. This can be proven through their actions, statements, or a history of attempting to control the testator’s decisions.
- Unnatural or unjust result: The Will itself distributes the property unexpectedly or unfairly, where it significantly deviates from the testator’s previously expressed wishes or provides an unusually large benefit to the alleged influence on the detriment of natural heirs.
Accusations of undue influence can significantly impact the beneficiaries of an estate. Therefore, retaining an attorney to assist in drafting your Will is crucial. At Collis, Griffor, & Hendra, we are prepared to help ensure that any substantial modifications to your Will are unequivocally documented as your decisions, free from external influence. Connect with our firm today to schedule a consultation.