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Posts Tagged ‘undue influence’

What is Undue Influence?

older man signing a will to protect his family members from undue influence.

When someone passes away, we have a sense of whom we expect to inherit the bulk of their property and other assets. When those expectations do not come to pass, the law sometimes intervenes and overturns the expressed desire of the person who passed away, as reflected in their will, codicil, trust, and related documents. The idea that specific provisions of a will or trust should not be carried out […]

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How To Retrieve Assets If You’ve Been Excluded From a Will or Trust

exclusion from will or trust due to undue influence

When someone has changed a will or trust just a few years before they pass away, this can lead to an accusation that someone has used a position of confidence or authority in order to take unfair advantage. Undue influence is the legal term used to describe this situation. Undue influence often arises with a husband and wife who have been married for several decades, built a family, own a […]

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Proving Undue Influence in Probate Court

Let’s talk about elder financial abuse and undue influence, and let’s start with a hypothetical scenario. Bill is an only child. Upon his father’s death, he learns that his dad’s last will leaves a third of his estate to a woman called Leeanne. Bill is stunned. His father had long been telling him that he is his sole heir. And as for Leeanne — yes, she entertained his dad by […]

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