A will is intended to reflect a person's own wishes about how their property should be distributed after death. However, concerns can arise when someone believes the deceased was pressured, manipulated, or improperly influenced when creating or changing a will. This is commonly referred to as undue influence. When allegations of undue influence arise, they can lead to disputes among family members and, in some cases, probate litigation. Undue influence cases can be complicated because disagreement with the contents of a will does not automatically mean that undue influence occurred. The person challenging the will generally needs to present evidence supporting the claim. This article explains what undue influence means, the circumstances that may raise concerns, how courts evaluate these disputes, and how allegations of undue influence can lead to probate litigation.
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