Have you just been served with the notice of administration for a West Palm Beach estate? Are youshocked at who was named as the personal representative? You may have grounds for a will contest if you suspect foul play and undue influence/ fraud. Do you know what you will have to prove to be victorious in West Palm Beach probate court? Learn more here.
Undue Influence
- Do you know what three things you have to show the West Palm Beach probate court to prove undue influence?
- First you will need to show influence of some kind was exerted.
- Second that the effect of the influence was to overpower the free will and mind of the testator.
- Finally (third) you will have to show the product of the influence was a will that would not have been executed but for the influence.
- Keep in mind in West Palm Beach mere pleading, begging, nagging, cajoling, or even threatening may not constitute undue influence, the free will must be destroyed.
- That seems hard to prove right?
- There is also a presumption that a will is the result of undue influence if the will makes a substantial gift to someone in a confidential relationship with the testatorand that person was active in procuring the will.
- What constitutes a confidential relationship?
- Caretakers?
- Guardians?
- Lawyers?
- Family Members?
- If you cannot prove undue influence will you be able to prove as an alternative that the will was procured through fraud?
Proving Fraud
- A successful contest on grounds of fraud requires that the testator willfully deceived as to the character or content of the instrument or as to extrinsic facts that would induce the will or particular disposition.
- In legal terms it could be fraudulent inducement or fraud in factum (fraud in fact meaning about the actual terms of the will or what the testator was signing).
- Did you know that if a person is prevented from signing a will by fraud then the court may impose a constructive trust (not a real trust with trustees just a way of saying the legal titleholder holds for the person with a right to the property) against the intestate heirs for the benefit of the would be beneficiaries.