Austin probate lawyers

Undue Influence

Undue influence is a concept in probate law. It is the most common ground for contestation of a will. These charges are often accompanied by a challenge of the testator’s capacity. It is generally defined as a testator’s loss of free agency regarding the distribution of assets. The testator’s free agency is lost due to the mental domination of an advisor which results in an excessive benefit to the advisor.

This challenge to the validity of a will on the grounds of “undue influence” is only applicable when the advisor is benefitting directly. It does not work when the advisor gains a benefit for someone else. In those instances, it is considered fraud. Most jurisdictions place the burden of proving undue influence on the party that is challenging the will, not the party benefitting from the will.

There are two groups of individuals whose relationships come under scrutiny. The first group includes a class of relationships that will as a matter of law that will raise a presumption of undue influence. The people in this class include:

• Parent and child
• Guardian and ward
• Priest and member of the parish
• Solicitor and client
• Doctor and patient

In this group, the proof lies on the doctor to disprove undue influence on the patient. The second group covers all relationships that do not fall into the first subgroup.

Contact an Austin Probate Lawyer

For more information on challenging a will, contact the Austin probate lawyers of Slater, Kennon & Pugh LLP at 512-338-1100 today.