Losing someone you love is difficult, and dealing with their estate can make it even harder. As a beneficiary, you hope their will shows what your loved one truly wanted after they passed away, making sure their things go to the right people.
However, some people might lie or use pressure to change the will. This can cause fights and might even make the will invalid. Knowing how to spot and handle these problems is important to protect what you deserve and respect your loved one’s true wishes.
What is fraud?
Fraud involves deceitful practices that intentionally mislead the person who created the will (the testator), resulting in a will that does not reflect their true intentions. It falls under two types:
- Fraud in the inducement happens when a person misleads the testator about the nature or contents of the will. For example, someone provides false information about a beneficiary’s circumstances, leading the testator to make decisions they otherwise would not have made.
- Fraud in the execution occurs when someone deceives the testator about the document they are signing. For instance, someone might tell them they are signing a different document, not realizing it is their will.
If the court finds that fraud occurred, it can invalidate the whole will or specific provisions influenced by fraud. In severe cases, fraud can also lead to criminal charges against the perpetrator.
What is undue influence?
Undue influence, on the other hand, occurs when someone exerts excessive pressure on the testator, overpowering their free will and resulting in a will that reflects the desires of the influencer rather than the testator. This can happen because of:
- Close relationships, such as those with caregivers or family members. The influencer may exploit their position of trust to manipulate the testator.
- The vulnerability of the testator due to age, illness or mental incapacity can make them more susceptible to undue influence.
- The isolation of the testator from other family members or advisors. This can increase the risk of undue influence since they may control the testator’s information and interactions.
Like fraud, the court can invalidate affected provisions or the entire will if it finds undue influence on the testator. However, this typically results in civil penalties rather than criminal charges.
Protect your loved one’s true intentions
If you suspect fraud or undue influence, do not hesitate to take action. Arm yourself with knowledge, seek professional legal advice, and stand up for what is just and fair. Doing so honors your loved one’s legacy and ensures their wishes are respected.
It is quite difficult to prove fraud or undue influence and the “burden of proof” is on the person asserting it. It is important to have written proof or other credible evidence of the actions complained of. The person defrauded is usually dead by the time the fraud is discovered, so prevailing in such cases is the exception.
