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.
Indiana Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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How to fill out Petition Contesting Probate Of Will On The Grounds Of Mental Incompetence And Undue Influence?
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Grounds for Will Contests in Indiana Wills may be ruled invalid by a probate court for many reasons, although the most common grounds are based on procedural execution, lack of testamentary capacity, undue influence, and fraud.
Undue influence is defined as ?the exercise of sufficient control over the person, the validity of whose act is brought into question, to destroy his free agency and constrain him to do what he would not have done if such control had not been exercised.? Hamilton v. Hamilton, 858 N.E.2d 1032, 1037 (Ind. App. 2006).
For example, a doctor who convinces a patient to enter into a contract to purchase medical services that they do not actually need could be said to have exerted undue influence. Like coercion, undue influence can also render a contract voidable.
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.
An example would be if the person who drafted the will or trust also receives a benefit from it. Another example would be where a caregiver provides services to the victim close in time to when the victim makes the changes to his or her estate plan benefitting the caregiver.
We're often asked, ?How can you prove undue influence?? Well, the evidence must support the elements of proving undue influence, which were stated above: Vulnerability of the victim. The influencer's apparent authority. The actions or tactics used by the influencer.
Undue influence isn't just about someone getting their way by expressing their opinion. It's about a person in a position of power manipulating someone who is vulnerable in a way that takes away the vulnerable person's free will.
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.