If you have recently experienced the loss of someone dear to you, the process of mourning probably continues to play a significant role in your life. At some point in the near future, however, your attention may be drawn to the term of your loved one’s Last Will and Testament. What should you do if something about that Will does not sound right to you or if you begin to believe that the terms of that Will are the product of someone’s influence on your loved one? The Indianapolis attorneys at Frank & Kraft explain what it means to contest an Indiana Will on the basis of “undue influence.”
Challenging an Indiana Will: Probate Basics
If you are contemplating a challenge to your loved one’s Will, you need to first understand some probate basics. Probate is the legal process that follows the death of an individual. Probate serves several functions, including the authentication of a Last Will and Testament if one is submitted. If a Will is authenticated, the terms of that Will are used to direct the distribution of the decedent’s estate assets. If the decedent died intestate, or without a Will, the Indiana intestate succession laws will determine what happens to the estate assets. During probate, challenges to a Will are initiated and litigated. Any “interested person” may initiate a Will contest, typically referring to legal heirs, beneficiaries in a current or previous Will, or creditors of the estate. To contest a Will, the contestant must allege legal grounds on which the Will could be declared invalid. Commonly used legal grounds in Indiana include lack of testamentary capacity, undue influence, and fraud. If you suspect that someone influenced the creation or execution of your loved one’s Last Will and Testament, you need to understand what the law will require you to prove to successfully contest the Will.
What Constitutes Undue Influence in an Indiana Will Contest?
As you may well imagine, it is not unusual for someone in the family or circle of loved ones to be unhappy when they learn the terms of a decedent’s Will. If the decedent did not share those terms prior to his/her death, a legal heir might be shocked to be left out of the Will or family members might be equally surprised to find valuable gifts made to an unknown beneficiary. If a specific person spent considerable time with the decedent in the days, weeks, or months prior to his/her death, it can be easy to jump to the conclusion that the shocking terms of the Will are the product of “undue influence.” It may even be blatantly obvious that the decedent was influenced by the person in question. The legal question, however, is whether that influence amounts to undue influence that invalidates the Will.
Undue influence, for the purpose of an Indiana Will contest, is more than simply suggesting changes or even pushing someone to add or omit something in their Will. The influencer must exert improper control over the Testator (the person creating the will) that results in a benefit to the influencer. Usually, this means that the influencer is gifted money or other assets in the Will; however, the benefit could also be the removal of another beneficiary from the Will. Indiana law considers transactions resulting from undue influence as void, making it crucial to establish that such influence occurred to challenge a will or trust through undue influence claims. Along with showing a benefit to the influencer, you will need to show that the influence exerted overcame the Testator’s own Will. In other words, the Testator changed something in the Will that he/she would otherwise not have changed, because of the undue influence.
Because allegations of undue influence in an Indiana Will contest are very fact-specific, it is best to consult with an experienced probate attorney to find out your legal options if you suspect that a recently deceased loved one was the victim of undue influence.
Do You Suspect Undue Influence in an Indiana Will?
For more information, please join us for an upcoming FREE seminar. If you have concerns about an Indiana Will, contact the experienced Indianapolis probate attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
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