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.
Louisiana Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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FAQ
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.
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.
The use of undue influence by one party over another puts the free will of one of the parties entering the contract into question, and therefore leads to the contract being unenforceable and voidable by the victim party.
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.
If a person challenges a will for undue influence and proves that the will was not the testator's true intent, then the court will usually determine that the will is not valid. If an earlier will is valid, the court might use that to distribute the property. In that case, the earlier will is ?revived.?
Grounds for contesting a will include: Lack of capacity (the Testator was unable to comprehend the nature and consequences of their act when executing the testament); Undue influence (the testator was unduly influenced to leave a disposition to someone such that the will does not reflect the testator's intent);
A will or trust can be declared invalid if undue influence was used on the deceased to obtain assets that would otherwise have gone to others.
Valid legal reasons to contest a will include: Lack of testamentary capacity when the decedent wrote the last will and testament. Fraud or someone exerting undue influence over the testator. Insufficient or inappropriate witnesses.