As an Atlanta probate attorney, I have assisted many clients regarding the estate of a loved one who was likely unduly influenced to create a will that did not reflect their true intentions. Undue influence is when someone uses their relationship with a testator (creator of a will) in order to convince them to write their will in such a way that it favors the influencer. A claim of undue influence can be supported by a variety of evidence, including “a confidential relation (relationship in which one party exerts power or “a controlling influence” over the other) between the parties, the [un]reasonableness of the disposition of the testator’s estate, old age, or disease affecting the strength of the mind.”
The case Bailey v. Edmundson provides us with a concrete example of undue influence. After her father, Raymond Cudworth, passed away, Heather Bailey filed a will for probate which named her executrix and primary beneficiary. However, his caregivers, a Michael Edmundson among them, filed a different will for probate which they claim was executed in 2004, after the will Bailey filed. The will filed by Edmundson left bequests to Edmundson and the other caregivers and significantly reduced the amount of estate property going to Bailey. The will Edmundson filed was found by a jury to have been the result of undue influence. Here are specific examples supporting why the jury ruled that Cudworth had been unduly influenced:
- Cudworth’s caregivers actively encouraged him to create the 2004 will. One of the caregivers hired her own attorney to draft the will, wrote the agenda for the attorney’s meeting with Cudworth, attended the meeting, and helped Cudworth write the payment check. Another caregiver reviewed the will with Cudworth and made a number of phone calls to the attorney, after which a bequest of a van to this caregiver was included in the will. These actions prove that the caregivers were “actively involved in almost every aspect of the procurement of the 2004 will.”
- Cudworth expressed that he intended to leave his estate to Bailey. Cudworth had long expressed that he intended that all of his property be left to Bailey. Cudworth even expressed this intention the day after executing the 2004 will.
- Cudworth’s oncologist testified that the medication Cudworth was taking could have left him more susceptible to influence. The oncologist testified that “his medication could cause altered mental status and occasional psychosis.” This testimony, in conjunction with other testimony that at and around the time the second will was made, Cudworth was suffering from memory issues and confusion following being prescribed the medication, supported Bailey’s claim that Cudworth was unduly influenced in creating his 2004 will.
If, after reading this post, you feel your loved one may have been unduly influenced in creating their will or you have questions regarding undue influence, please email me or call my Atlanta probate firm at (404) 445-7771.
