How Do You Prove Undue Influence Probate?
How do you prove undue influence probate? Min Austria Assistant at Ascent Law LLC Proving undue influence is a tough thing to do, since the person that you're trying to convince of this is the judge. The judge has to determine whether or not undue influence was used to get the will that was submitted into probate. There are two types of undue influence: actual and presumed. Actual undue influence is when you can prove that someone took advantage of an elderly person. Presumed undue influence is when you can prove that there was some sort of conflict between the testator (the person who wrote the will) and the beneficiary. In addition, it is of utmost importance that the beneficiary has a close relationship with the testator. This means that they have to have had contact within one year of the death of the testator, and they have to have been an executor or named in the will as a beneficiary. For undue influence to be presumed, there must have been something wrong with the will or s...