What Is Undue Influence? How It Can Lead to Probate Litigation in Tennessee

September 14, 2026
Jana Lamanna
Jana Lamanna

Jana Davis Lamanna is experienced in the areas of probate/trust/estate litigation, divorce/family law, probate administration, estate planning, guardianship and conservatorship law, and assisted reproductive technology law.

Share:

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.

What Does Undue Influence Mean?

Undue influence generally refers to improper pressure or manipulation that causes a person to make decisions about their estate that do not reflect their own free will.

In the context of a will, the concern is whether another person exerted enough influence over the deceased to affect the contents of the will or another estate planning document.

Not every form of assistance or persuasion constitutes undue influence. A family member helping someone communicate with an attorney or organize financial information, for example, does not automatically establish wrongdoing.

The circumstances surrounding the creation of the will are important when determining whether improper influence occurred.

What Are Common Signs of Undue Influence?

There is no single fact that automatically proves undue influence. However, certain circumstances may raise questions about whether a will was created freely.

Potential warning signs include:

  • A sudden and unexpected change to an existing will
  • A vulnerable person’s estate plan changing significantly
  • A caregiver becoming a new or unexpected beneficiary
  • Someone else arranging or controlling the estate planning process
  • The deceased becoming dependent on the person receiving the inheritance
  • A beneficiary being unusually involved in the preparation of the will
  • A significant change that appears inconsistent with previous estate planning decisions
  • Concerns about pressure, manipulation, isolation, or coercion

These circumstances do not necessarily prove undue influence. A court will consider the evidence and circumstances surrounding the estate planning decision.

Who Can Challenge a Will Based on Undue Influence?

A person generally must have a legal interest in the estate to challenge a will.

Depending on the circumstances, this may include an heir or beneficiary who would receive property under a previous will or under Tennessee intestacy laws.

A person cannot typically challenge a will simply because they disagree with how the deceased chose to distribute their property.

The legal requirements for challenging a will depend on the specific circumstances, so anyone considering a challenge should obtain appropriate legal advice.

How Does Undue Influence Lead to Probate Litigation?

An allegation of undue influence can become a probate dispute when an interested party formally challenges the validity of a will.

The dispute may involve questions such as:

  • Was the deceased mentally capable of making the will?
  • Did the deceased understand what the document contained?
  • Was someone improperly pressuring or manipulating the deceased?
  • Did the person receiving the inheritance have an unusually close relationship with the deceased?
  • Who arranged the preparation or signing of the will?
  • Was the will consistent with the deceased’s previous estate planning?

If the parties cannot resolve these issues, the matter may proceed through probate litigation.

For additional information, read “Probate Litigation vs. Probate Administration: What’s the Difference?“

What Evidence Is Used in an Undue Influence Case?

Evidence can be important when determining whether a will was affected by undue influence.

Depending on the circumstances, evidence may include:

  • Previous versions of the deceased’s will
  • The final will and other estate planning documents
  • Medical records
  • Attorney files and communications
  • Witness testimony
  • Financial records
  • Communications between family members
  • Evidence regarding the deceased’s relationship with the beneficiary
  • Information about the circumstances surrounding the signing of the will

The court considers the available evidence rather than relying solely on the fact that a will changed shortly before death.

Does a Sudden Change in a Will Prove Undue Influence?

No.

A significant or unexpected change in a will may raise questions, but it does not by itself establish undue influence.

People have the right to change their estate plans during their lifetime, provided they have the required legal capacity and are acting voluntarily.

For this reason, courts generally examine the broader circumstances surrounding the creation and execution of the will.

How Does the Probate Court Resolve Undue Influence Claims?

When undue influence is alleged, the probate court reviews the evidence presented by the parties and applies the applicable Tennessee law.

The court may consider:

  • The deceased person’s relationship with the beneficiary
  • The deceased person’s mental and physical condition
  • The circumstances surrounding the preparation of the will
  • Whether the beneficiary participated in the estate planning process
  • Whether the final estate plan represented a significant departure from earlier plans
  • Testimony from witnesses and other relevant evidence

If the court determines that the will was affected by undue influence, the disputed will or provisions may not be enforced as written.

The outcome depends on the evidence and the specific legal issues involved.

What Happens If a Will Is Found Invalid?

If a court determines that a will is invalid because of undue influence, the estate does not necessarily become ownerless or remain unresolved.

Depending on the circumstances, an earlier valid will may control the distribution of the estate. If there is no valid will, Tennessee intestacy laws may determine which heirs are entitled to inherit.

This is why a will challenge can have significant consequences for the distribution of an estate.

For more information, read “Probate Without a Will: How Intestate Estates Are Handled.”

Can Undue Influence Affect More Than a Will?

Yes.

Concerns about undue influence may also arise in connection with other estate planning documents or financial transactions, depending on the facts of the case.

For example, a dispute may involve changes to beneficiary designations, transfers of property, trusts, or other financial arrangements.

Whether a particular transaction can be challenged depends on the document involved, the circumstances surrounding it, and the applicable Tennessee law.

How Can Families Prevent Probate Disputes?

Careful estate planning can help reduce the risk of future disagreements.

Individuals creating or changing an estate plan may consider:

  • Working directly with an experienced estate planning attorney
  • Clearly documenting their estate planning decisions
  • Keeping important estate documents organized
  • Reviewing estate plans periodically
  • Avoiding unnecessary involvement by potential beneficiaries
  • Ensuring that the person making the estate plan understands the documents
  • Communicating important decisions when appropriate

Proper documentation can make it easier to establish the deceased person’s intentions if questions arise later.

When Should You Seek Legal Help?

An inheritance dispute can become more complicated when allegations of undue influence are involved.

Legal guidance may be appropriate if:

  • You believe a will was created under improper pressure
  • A recently changed will significantly affects your inheritance
  • You are concerned about a caregiver or family member influencing an estate plan
  • You have been accused of influencing the deceased
  • A probate court challenge has already been filed
  • You are unsure whether you have grounds to contest a will

Early legal advice can help you understand your rights and determine the appropriate way to respond to a probate dispute.

Conclusion

Undue influence can raise serious questions about whether a will reflects the deceased person’s genuine wishes. However, an unexpected inheritance or a significant change to a will does not automatically prove that someone improperly influenced the deceased.

When there is sufficient evidence to raise a legal challenge, the probate court can review the circumstances surrounding the estate plan and determine whether the will should be enforced.

Understanding the warning signs, evidence, and legal process can help beneficiaries and heirs make informed decisions when concerns arise about the validity of an estate plan.

FAQs

Q. What is undue influence in probate?

Undue influence occurs when someone improperly pressures or manipulates another person into making estate planning decisions that do not reflect their own free will.

Q. Does changing a will shortly before death prove undue influence?

No. A last-minute or unexpected change may raise questions, but it does not automatically prove undue influence. The circumstances surrounding the change and the available evidence must be considered.

Q. Can a beneficiary challenge a will for undue influence?

A beneficiary or heir may be able to challenge a will if they have a legally recognized interest in the estate and can establish grounds for the challenge under applicable law.

Q. What evidence can prove undue influence?

Evidence may include previous wills, medical records, witness testimony, attorney records, financial documents, communications, and evidence concerning the relationship between the deceased and the person receiving the inheritance.

Q. What happens if a court finds undue influence?

If a court determines that undue influence affected the validity of a will, the disputed will or provisions may not be enforced. An earlier valid will or Tennessee intestacy laws may then determine how the estate is distributed.

Related Posts

7

Oct
Blog
What Happens When Siblings Disagree Over a Parent’s Estate in Tennessee?

When a parent passes away, families often expect the probate process to be straightforward. Unfortunately, disagreements among siblings can make an already difficult time even more stressful. Siblings may disagree about how the estate should be divided, who should serve as executor, whether the will reflects their parent’s wishes, or how estate assets are being …

Read More

7

Sep
Blog
Probate Without a Will: How Intestate Estates Are Handled in Tennessee

When someone dies without a valid will, their estate does not automatically go to the person the family believes should inherit it. Instead, Tennessee intestacy laws determine who is legally entitled to receive the deceased person’s assets. This type of estate is known as an intestate estate. The probate process is still required for many …

Read More

17

Aug
Blog
How Does Tennessee Probate Court Resolve Family Inheritance Disputes?

Family inheritance disputes are one of the most common challenges that arise during the probate process. While many estates are administered without conflict, disagreements over wills, property distribution, executor decisions, or family expectations can lead to contested probate proceedings. When disputes cannot be resolved privately, the Tennessee probate court plays an important role in interpreting …

Read More

5

Aug
Blog
Financial Abuse Under a Conservatorship: What Families Should Know

A conservatorship is designed to protect individuals who can no longer manage their financial affairs or make important personal decisions. In Tennessee, conservators have a legal duty to act in the best interests of the person under the conservatorship, known as the respondent or ward. Most conservators fulfill these responsibilities with honesty and care. However, …

Read More

21

Jul
Blog
What Happens When a Beneficiary Refuses to Cooperate During Probate in Tennessee?

Probate often requires cooperation between executors, administrators, beneficiaries, and the Tennessee probate court. When a beneficiary refuses to cooperate, the estate administration process can become more complicated and may take longer to complete. A lack of cooperation does not necessarily stop probate from moving forward, but it can create delays, increase costs, and lead to …

Read More

7

Jul
Blog
Guardianship for Minors: What Happens When Parents Can’t Care for a Child?

When parents are unable to care for their child due to illness, incapacity, military deployment, incarceration, or other circumstances, a legal guardian may be needed to provide stability and make important decisions on the child’s behalf. In Tennessee, guardianship allows a responsible adult to assume specific legal responsibilities while protecting the child’s best interests. Guardianship …

Read More

Leave a Reply

Your email address will not be published. Required fields are marked *

Jana Lamanna
Twitter Facebook Linkedin

Black McLaren Jones Ryland & Griffee, P.C.

Attorneys Licensed in Tennessee, Mississippi, Arkansas, Missouri, & New York

Communication via the internet or by e-mail with the firm or any individual associated with the firm does not establish an attorney-client relationship. The information contained in this site is not legal advice and is offered for informational purposes only.

Content, including images, displayed on this website is protected by copyright laws. Downloading, republication, retransmission or reproduction of content on this website is strictly prohibited. Terms of Use | Privacy Policy | Web Design by AIM