In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
Alabama Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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Proving Undue Influence: Sometimes undue influence can be proved by showing that the testator/settlor was subjected to threats, misrepresentation, flattery, fraud or physical or moral coercion that is ?sufficient to overpower volition, destroy free agency, and impel the testator/settlor to act against their ...
Undue influence occurs when an individual is able to persuade another's decisions due to the relationship between the two parties. Often, one of the parties is in a position of power over the other due to elevated status, higher education, or emotional ties.
Under Alabama law, in order to create a presumption of undue influence, the accuser must show that a confidential relationship existed between the favored beneficiary and alleged victim, that the favored beneficiary's influence over the alleged victim was controlling, and there was undue activity on the part of the ...
To prove undue influence, demonstrate these four elements: 1) The victim's vulnerability, 2) The wrongdoer's apparent authority, 3) The specific tactics and actions exerting influence, and 4) Evidence of the resultant change in the victim's decisions due to the influence.
The Most Important Evidence in an Undue Influence Claim Under California financial elder abuse law, you must prove four elements to establish undue influence: (1) vulnerability of the victim, (2) apparent authority of the wrongdoer, (3) actions and tactics of the wrongdoer, and (4) an inequitable result.
Undue influence is a serious challenge to raise against a will or trust. If successful, the document may be invalidated. For that reason, when proving undue influence, extraordinary evidence must be presented, which means having an excellent probate litigation attorney by your side.
Circumstantial evidence is sufficient to raise an inference of undue influence if the party who claims undue influence, usually known as the contestant, proves: (i) the 'victim' was susceptible to undue influence; (ii) the wrongdoer had an opportunity to exert undue influence over the 'victim'; (iii) the wrongdoer had ...