Do you have reason to believe that your loved one may have been coerced into making a will or a will change? If so, you can successfully challenge that will based on the existence of undue influence by another. But how do you prove such a claim? The answer lies in four key elements of the case you'll make before the probate court. Here's what you need to know.

1. The Victim's Vulnerability

For undue influence to have occurred, the victim must have been in some kind of vulnerable position. This vulnerability often comes in the form of physical or mental deterioration or illness which leaves the person at the mercy of others. But it can be economic vulnerability, dependence, isolation from others, or a lack of education as well. 

2. The Influencer's Authority

Your friends, loved ones, and other influential people in your life can persuade you to do things a certain way. This influence is normal. However, for undue influence to occur, there must be a deeper and more serious issue going on. Generally, influence is undue when the influencer has some kind of authority or control over the victim. It may be a caretaker who controls a person's medication and care, a fiduciary who controls their money, or a spiritual advisor who preys upon their faith. 

3. The Tactics Used

Perhaps the most difficult hurdle to reach is to prove how that influence was wielded. Did the caretaker threaten to withhold care? Did an in-home worker blackmail the person? Did a religious figure convince them they would go to hell if they didn't comply? Did the perpetrator hound them repeatedly, make demands when they were weak, or deny visits from others? Coercion takes many forms, but you have to prove these to a judge's satisfaction. As with any court matter, this is proven through documentation, evidence, and witness testimony. 

4. The Unequal Result

Even if your grandmother's caretaker convinced her to add the caretaker to the will, the result may not be substantially unequal. You still get a portion, and it's not unheard of for a caretaker to have a close relationship with the patient. However, inequality may be evident if the new will left out all the grandchildren, left everything to a new caretaker, or went directly against the prior will. 

Where to Start

How difficult will it be to prove these four components in probate court? No matter what the strength or weakness of your potential claim, the best place to begin is to meet with an experienced probate attorney in your state today. Contact a local probate lawyer to learn more.