Wills are legal documents that dictate how a person’s assets are distributed after their death. However, if someone was manipulated or coerced during the will writing process, this is called “undue influence.” For example, if a distant relative of an elderly person in failing health convinces them to rewrite their last will and testament so that the distant relative inherits everything, this is likely undue influence.
In practice, it’s difficult to prove that a legal will is invalid. If you suspect that a loved one’s will was unjustly influenced, you’ll need to provide compelling evidence to a judge. It’s highly recommended that you seek experienced legal counsel for the best possible outcome of your case.
In Tennessee, you have two years after a will’s approval to contest its validity. If you believe undue influence has disregarded the deceased’s wishes and prevented the fair distribution of assets, consult a probate attorney to effectively navigate the process. Johnson, Murrell & Associates specialize in this area, offering expert representation.
When to Challenge a Will
Challenging a will is warranted when there are suspicions surrounding its creation, such as:
- Coercion
- Manipulation
- Fraud
- Incapacity
Situations where beneficiaries are unexpectedly excluded or when the will significantly deviates from prior versions or expectations may also signal grounds for challenge.
It’s crucial to act promptly within Tennessee’s statute of limitations, typically within two years of the will’s admission to probate. Failing to challenge within this timeframe can result in losing the opportunity to contest the will’s validity.
Prompt action allows for thorough investigation, gathering evidence, and presenting a case effectively in court. Additionally, challenging a will preserves the rightful distribution of assets. This ensures that the deceased’s intentions are honored and prevents potential injustices or undue influences from prevailing.
What Is Undue Influence?
Undue influence refers to the exertion of pressure or coercion on an individual to influence their decision-making. This is typically attempted in contexts like creating a will. It occurs when someone takes advantage of a vulnerable individual, exploiting their trust or dependency for personal gain.
This influence manipulates the person making the will (testator) into making provisions that they would not have otherwise made. Examples of scenarios constituting undue influence include isolating the testator from their friends, family, and trusted advisors. This limits their access to alternative perspectives or support networks.
Another scenario is when the testator is heavily dependent on the influencer for care, companionship, or financial support. In these cases, the testator is more susceptible to manipulation due to the nature of their relationship.
What Doesn’t Count as Undue Influence?
Undue influence in the context of challenging a will typically requires concrete evidence rather than merely personal grievances. Mere disagreements or family tensions, while emotionally significant, aren’t sufficient grounds for contesting a will based on undue influence. Some people think they have an airtight case for undue influence for this reason when they actually don’t.
Undue influence refers to situations where someone pressures or persuades the testator, overcoming their free will and judgment. This leads them to make decisions they wouldn’t have otherwise made.
Therefore, dissatisfaction with the terms of a will or strained family relationships usually won’t hold up as legitimate reasons for contesting a will. That’s because they lack clear evidence of undue influence.
How To Challenge a Will Based on Undue Influence
Consulting with a probate attorney is the best way to initiate a challenge to a will in Tennessee. They’re best equipped to perform every step of the process, including:
- Identifying valid grounds for contesting the will
- Drafting and file a formal complaint in the deceased’s county of residence
- Ensuring the complaint outlines the grounds for challenge clearly
- Serving notice of the challenge to interested parties involved in the probate process
The process starts with filing a formal complaint with the court, stating the grounds for challenge. Both parties engage in discovery, exchanging evidence. Pretrial conferences or mediation may occur.
If unresolved, a hearing or trial is scheduled where:
- Evidence is presented
- Witnesses may testify
- Legal arguments are made
The court evaluates the evidence and issues a judgment. Legal representation is crucial throughout to navigate these procedures effectively.
It’s easy to see how important it is to hire a probate lawyer in these situations. They know how to challenge a will based on undue influence, guiding you in assessing valid grounds for contesting a will and drafting a formal complaint filed with the court.
Throughout the process, probate lawyers will help navigate complex legal procedures. They ensure all necessary paperwork is filed correctly and advocate for your interests during negotiations and hearings. They also guide gathering and presenting evidence effectively to increase the chances of success in challenging the will.
Tips for Consulting an Attorney
Legal expertise is necessary to navigate the intricate legal procedures and ensure fair resolution. It’s advisable to seek consultation from experienced attorneys specializing in estate law, particularly in Tennessee, where state-specific regulations may apply.
To find legal representation, consider utilizing resources such as state bar associations, which often have directories of licensed attorneys. Additionally, seek recommendations from trusted sources such as friends, family, and professionals in the legal field.
Research potential attorneys online, reviewing their:
- Qualifications
- Experience
- Client reviews
Schedule consultations with several attorneys to discuss your case, asking questions about their approach, fees, and previous experience. Choose a probate lawyer who inspires confidence and demonstrates a deep understanding of estate law and will challenge.
Partner with Johnson, Murrell & Associates
Johnson, Murrell & Associates stand out as the law firm of choice for probate and related issues. We know how to challenge a will based on undue influence if the evidence is present. Our team has extensive experience, specialized expertise, and track record of successful litigation in similar cases.
With a deep understanding of Tennessee probate laws and a reputation for tenacious advocacy, we offer unparalleled representation. Our dedicated team possesses the nuanced legal insight necessary to navigate the complexities of undue influence claims. This ensures that you receive the strategic counsel and representation needed to challenge the validity of a will effectively.
Do you need help contesting a will based on undue influence in Tennessee? Contact us today to learn how we can help!
To contest a will based on undue influence, it’s crucial to gather evidence such as coercion or beneficiary exclusion. Move quickly within Tennessee’s two-year probate window, thoroughly investigating to respect the deceased’s wishes and ensure equitable distribution. Seek guidance from a probate attorney for efficient navigation. Johnson, Murrell & Associates excel in this field, providing specialized representation.
At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is to make your life easier, which means guiding you through the process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.
