Understanding a will contest can be confusing and overwhelming. There are a few reasons why this might happen. Below, you'll find information from our estate lawyer in Cary that helps you understand will contest and undue influence. This is a recap from a previous blog post. Learn more here.
Estate Lawyer in Cary Talks Undue Influence
Someone challenging the will may think the person writing the will was influenced by someone seeking to benefit from it. The elderly, even if they are of sound mind, can be vulnerable and trusting, especially when it is a family member suggesting changes to the will. This is called “undue influence.” It is closely related to fraud and forgery because it creates the same problem – someone else had input into the will other than the person creating it. Again, people who are trusting and think the influencer is looking out for his or her best interests will make changes and sign documents thinking they are doing the right thing. Undue influence, forgery, and fraud are often all cited together when someone challenges a will because they are closely related.
If there is a second, newer will, the original can be considered invalid. When someone is knowingly creating a new will, it is often advised to state in the new will that it should void the previous will. It is important to date the will for this reason so that it is obvious which is the most recent. States vary on how they handle multiple wills, but a lawyer can check on those laws and advice on the best way to approach it.
Eldreth Law Firm PC | Estate Lawyer Cary
If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate lawyer in Cary is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.
As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and DWI issues.