In terms of a will contest, often a contest will be brought to the terms of a will based on claims of undo influence. And what they’re claiming is essentially that the person who is named as the beneficiary in the will somehow exerted undue influence over the person that wrote the will, the testator. And that influence could arise from a variety of reasons, but basically, a person in a position of trust who is placed there and had the opportunity to exert influence over the decisions that the testator made when they were drafting the will, along with some sort of tangible benefit that that person received as a result of the influence. These things are required for you to show that this sort of influence occurred.
Now proving it is oftentimes a little bit dicey because of the fact that no one knows what the testator, the original person that wrote the will wanted, except for the person that you’re accusing of undue influence and the testator themselves, who are no longer here. So oftentimes, it has to be proven by circumstantial evidence, which is sometimes very difficult to do.
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