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.
South Carolina 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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Calhoun, 277 S.C. 527, 532, 290 S.E.2d 415, 418 (1982): The undue influence necessary to invalidate a will must reach a level of force and coercion, not the influence of affection and attachment nor the mere desire of gratifying the wishes of another.
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.
Probate court appeals can be taken to the South Carolina Circuit Court, and then up to the Court of Appeals and Supreme Court.
What are some legal remedies available to me if I suspect undue influence in a Will? If you suspect undue influence in a Will, you can challenge the validity of the Will in court. The court may declare the Will invalid if it is proven that the testator was coerced or manipulated into making the Will.
South Carolina has a limited time frame for which a person can contest a will. A person withstanding to contest the will must do so within eight months of the informal probate proceedings or one year after the decedent's death, whichever date is later.
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: the concept. The equitable doctrine of undue influence operates to release parties from contracts that they have entered into, not as a result of improper threats, but as a result of being 'influenced' by the other party, whether intentionally or not.
Lack of formalities. Wills must be properly drafted, witnessed, and signed in ance with various requirements under state law. An estate litigation lawyer can explain more details about these formalities. Without them, the will may not be valid.