Key Takeaways
- Undue influence occurs when someone manipulates a vulnerable person to change a will or trust.
- Proving undue influence requires evidence of control, pressure, or unfair persuasion.
- Tennessee law looks at relationships, suspicious circumstances, and unequal inheritances.
- Witness testimony, medical records, and financial documents often strengthen a case.
- Elder Law attorneys can guide families through will contests and trust disputes.
“When it comes to divide an estate, the politest men quarrel.”
—Ralph Waldo Emerson
Wills can prove contentious even when the estate is reasonably divided among surviving family members. However, such contention inevitably arises when a will expresses blatant or unusual favoritism towards specific beneficiaries at the expense of others. In many cases, such favoritism might be appropriate. For example, perhaps the decedent was estranged from one or more of his children, or a child devoted over a decade of their life serving as the decedent’s dedicated caregiver. Or, perhaps the decedent tied up one heir’s inheritance in a trust due to their spendthrift ways, while granting the other, fiscally-responsible ones, their inheritances encumbrance-free.
In some cases, favoritism towards an heir may have arisen due to undue influence exerted by the favored heir on the testator (the person making the will). Undue influence is not a crime, but in Tennessee civil law, if proven, it can be considered a form of fraud or coercion that justifies invalidating a will, trust, or other legal arrangements. An extreme example would be a temporary caregiver who convinces her dementia-addled, dying client to add them to the will as a primary beneficiary. Another example is an heir who convinces their father to cut other siblings from the will.
“Undue influence is a common basis for contesting a will or other estate planning document in Tennessee,” says attorney Barbara Moss, founder of Elder Law of Nashville, PLC. “However, proving undue influence in civil court is often a subjective challenge because the slighted heirs must prove that another heir manipulated or coerced the testator into making decisions that do not reflect their true intentions.”
Given that Tennessee’s elderly population will more than double over the next 10 years, the number of wills contested based on undue influence will inevitably rise. With a commitment to expressing and carrying out our clients’ true wishes in estate planning, Elder Law of Nashville offers you this primer on how to prove undue influence in a Tennessee will or trust case.
What Is Undue Influence?
Tennessee statutes do not provide a single, concise definition of undue influence; instead, common law principles and case law precedents have established its meaning. Generally speaking, Tennessee civil courts consider undue influence as situations in which an individual exerts pressure or influence over a testator to an extent that it coerces them to favor the individual’s desires instead of the testator’s true intentions. Key elements of undue influence include coercion, manipulation, and exploitation of the testator’s dependency.
To put this in perspective, consider a daughter who occasionally banters with her father about how she’s his favorite, so she should receive the largest share of the estate. That might be a form of “influence,” but is it “undue?” Likely not, but should the daughter repeatedly encourage her Alzheimer’s-afflicted father to change the will in her favor, that might legally rise to a case of undue influence.
Signs and Red Flags of Undue Influence
Family members sometimes become aware of potential undue influence being exerted against their loved ones well in advance of the reading of the will or imposition of a trust. Some signs of undue influence that should raise red flags include:
- When a family member or caregiver makes a concerted effort to isolate an elderly or otherwise vulnerable person from family and friends.
- Sudden or unexpected changes made to a will or trust.
- The addition of a caregiver, acquaintance, or unknown person as a beneficiary.
- Uncharacteristic behavior from the loved one that expresses new, blatant favoritism to a family member or other individual.
Tennessee’s Legal Standards for Proving Undue Influence
The legal threshold for proving undue influence in a Tennessee civil court has been established by common law and several precedent-setting cases. These cases established that challengers may introduce circumstantial evidence and that the burden of proof to prove that the will or trust was executed freely and fairly can shift to the influencer under specific scenarios.
To successfully contest a will or trust based on undue influence, challengers must show the following:
- The testator was vulnerable to influence, primarily due to age, illness, mental incapacity, or emotional distress (recent death of spouse, for example).
- The influencer had the opportunity to exert control, typically through a close or confidential relationship.
- The terms of the will or trust significantly deviate from the testator’s initial intentions in ways that unnaturally favor the influencer.
- Evidence of coercion, manipulation, or isolation.
Evidence Commonly Used to Prove Undue Influence
Challengers in a contested will case must provide evidence demonstrating that the influencer’s manipulative actions circumvented the testator’s free will. As such, circumstantial evidence is frequently crucial to case outcomes. Evidence commonly introduced to prove undue influence in Tennessee includes:
- Proof that the alleged influencer received an unusual or disproportionate share of the estate.
- Testimony and documents showing that the testator could be susceptible to undue influence because of age, illness, mental incapacity, or emotional distress.
- Proof that the alleged influencer strived to isolate the testator, by such actions as restricting visitors or controlling communications.
- Anything demonstrating that the alleged influencer engaged in coercive or manipulative behavior with the testator.
- Unusual circumstances in relation to changing the will or trust, such as proof that the alleged influencer was involved in them, that the changes were made in secret, or that the changes were abrupt and unusual.
- Anything that shows that the alleged influencer was in a confidential relationship with the testator. Under Tennessee law, a confidential relationship combined with unusual benefits to the influencer raises the presumption of undue influence. In such cases, the influencer must then prove that the will or trust was executed freely and fairly.
The Process of Contesting a Will or Trust in Tennessee
Families who believe that a loved one’s will or trust was compromised by undue influence should secure the services of an estate or elder law attorney, like those at Elder Law of Nashville. To contest a will, those with legal standing must file in their county probate court within two years of the will’s admission to probate. For trusts, filings are made in county chancery courts, many of which have shorter—as low as 120-day—filing deadlines from the notice of trust administration.
Once filed, the challengers and their attorney collect evidence and strategize their case. Court proceedings start with pre-trial sessions involving discovery, motion filings, and potential mediation. The trial follows this, unless the parties resolve their differences through mediation. If the challengers win, the court may invalidate the entire will or trust, or choose to invalidate specific provisions. The court can also determine that the estate will be settled under a previous will. For unfavorable rulings, challengers have 30 days to file an appeal with the Tennessee Court of Appeals.
Elder Law Attorneys Support Families
Elder Law of Nashville has been helping Middle Tennessee families navigate estate planning for over 30 years. We understand how important it is for wills and trusts to reflect the true intentions of the testator. As such, we also stand ready to help protect families when the wishes and legacies of their loved ones appear to have been compromised by undue influence.
If you suspect that someone is unduly manipulating your loved one, or feel you need to contest a will or trust because of undue influence, seek legal guidance quickly. For all of your estate planning and execution needs in Nashville, Franklin, and Middle Tennessee, contact us today.
FAQ’s: How to Prove Undue Influence
Q: What does “undue influence” mean in a will or trust case?
A: Undue influence occurs when someone manipulates or pressures a vulnerable person into changing their will or trust for personal gain. In Tennessee, it often involves caregivers, relatives, or others in a position of trust. The key difference from normal influence is that the person’s free will is overpowered, and the estate plan no longer reflects their true intentions.
Q: How hard is it to prove undue influence in Tennessee?
A: It can be challenging, but courts look at factors like confidential relationships, suspicious circumstances, and drastic changes in asset distribution. Evidence such as medical records, financial documents, and witness testimony strengthens the case. With strong documentation and legal support, families can successfully contest wills or trusts that were unfairly influenced.
Q: Who can contest a will or trust based on undue influence?
A: Typically, heirs-at-law such as spouses or children, as well as beneficiaries named in earlier estate documents, can file a challenge in Tennessee. Anyone with a legal interest in the estate may have standing. Because there are strict timelines, it’s best to seek legal guidance as soon as undue influence is suspected.
Q: What happens if a will is proven to be influenced?
A: If undue influence is proven, the court may invalidate all or part of the will or trust. The estate usually reverts to the most recent valid will, or if none exists, Tennessee’s intestacy laws apply. The court aims to restore the deceased’s true wishes and prevent the influencer from unfairly benefiting.
Q: Can an attorney help me gather evidence of undue influence?
A: Yes. An elder law attorney can review medical and financial records, gather witness statements, and bring in experts if needed. They also guide families through Tennessee probate procedures, ensuring the strongest case possible to protect a loved one’s estate wishes.