How To Prove Undue Influence in a Tennessee Will Contest
In Tennessee, one of the main reasons people contest wills is due to undue influence. If your deceased loved one’s will seems off, you may be able to challenge it under this ground. Understanding what undue influence is, how courts assess it, and the kind of evidence you need can help you determine whether you have a valid claim and prepare accordingly.
Understanding Undue Influence Under Tennessee Law
Undue influence happens when someone exerts excessive pressure on the individual making the will (the testator) to the point that it overcomes their free will and leads to them making decisions they would otherwise not have made. It is a level of influence that renders the testator’s action(s) involuntary.
How Tennessee Courts Evaluate Undue Influence
Since undue influence usually happens behind closed doors, courts typically rely heavily on circumstantial evidence.
To determine if a deceased individual was unduly influenced at the time they were creating their will, Tennessee courts take a close look at the bond between the testator and the beneficiary, the circumstances surrounding the will’s creation, and whether the result appears unfair or inconsistent with the testator’s past wishes. However, Tennessee courts understand that elderly or sick people often rely on family or caregivers for help, and that in itself is not wrong. Influence becomes improper only when it overpowers the testator’s independence.
The three key factors Tennessee courts examine are:
1. Confidential Relationship
Tennessee courts look for anything that shows the alleged influencer was in a confidential relationship with the testator. Examples include:
- A caregiver who takes care of the testator’s daily needs
- A child who manages the testator’s finances or medications
- Someone with power of attorney
If the beneficiary had a confidential relationship, that can raise a presumption of undue influence, especially when paired with a questionable or unexpected gift.
2. Suspicious Circumstances
Because undue influence rarely happens openly, courts look for red flags suggesting inappropriate pressure. Examples of suspicious circumstances include;
- A sudden or drastic change to the will’s terms
- The alleged influencer actively participated in the will’s creation
- The testator was vulnerable
- The will heavily favors one individual despite a strained relationship
- Isolation of the testator from family and friends
The more the warning signs, the stronger the argument that the will does not reflect the testator’s true intentions.
3. Unusual or Unequal Inheritances
Additionally, Tennessee courts look at whether a will’s provisions seem “unnatural” given the family’s history. Examples include:
- Leaving almost everything to one child while excluding others
- A new will that significantly benefits a non-family caregiver
- A drastic shift in long-standing plans shortly before death
Evidence for Proving Undue Influence
As the person alleging undue influence, the burden of proof is on you. You must provide evidence that proves undue influence happened. Some examples of strong evidence that can be used to prove undue influence include:
- Medical records
- Witness statements
- Financial documents
- Testimony from the testator’s estate planning lawyer
- Expert testimony
If the court concludes that a will was the result of undue influence, it may invalidate the will (partially or wholly) and revert to a previous will or apply the state’s intestacy laws if no other will exists.
Contact Us for Legal Help
If you believe your deceased loved one was unduly influenced during the creation of their will, contact our experienced Knoxville civil litigation lawyer at Reynold, Atkins, Brezina, & Stewart, PLLC today for legal help.
