In a previous blog post, I discussed the case Bailey v. Edmundson, which provided an example of what a presumption of undue influence regarding the making of a will looks like. In Bailey v. Edmundson, it was somewhat easy to conclude that the deceased had been unduly influenced due to the overwhelming evidence that his caregivers had actively encouraged him to make his new will against his stated intent (even the day after executing the new will) to leave his property to his daughter. However, in cases where the facts are less black and white (like in a situation where the person who stands to benefit from a contested will is a family member or spouse), what can a court look to in order to reach a conclusion that a testator was unduly influenced?
There is no strict criteria to prove undue influence; it can be supported by a wide variety of evidence which is almost always circumstantial, so there is no one set “checklist” of what needs to happen in order for a will to be found to have been the result of undue influence. For example, in cases that involve the possible undue influence by a spouse, the court can look at factors such as each spouse’s age and mental state in comparison to each other, any recent illnesses of the allegedly influenced spouse, and their general relationship dynamic. Courts can also look at whether the will under question is in line with previous statements by the testator as to their intent for their property.
As I stated above, there is a wide variety of evidence that can support a claim of undue influence, so each case must be evaluated by the court individually. In the case Cook v. Huff, a man named Milton Cook passed away. His widow, Kathleen Cook, offered a will for probate. Kathleen and Milton had been married for 53 years, but Milton had three children from a prior marriage. The three children contested the will, stating that they believed the will was a result of Kathleen’s undue influence. The will Kathleen offered for probate was much more beneficial to her than to the three children, in contrast to his previous will and his “long-standing expression of […] intent to leave equal shares to his wife and children.”
Since “showing only that she had the opportunity to influence her husband and that she receives a substantial bequest under the […] will” is not enough evidence of undue influence in this case, given Kathleen’s status as the deceased’s spouse, the court had to look at other factors to render its verdict. For instance, the court examined the relationship between Kathleen and the three children, which had a history of being hostile. The court also considered the evidence that Kathleen had attempted to alienate Milton from the rest of his family while actively encouraging him to make a new will. In fact, Kathleen had even set up the meeting to draft the new will with the attorney and had been present when the will was executed. Lastly, the court determined through medical testimony that Milton’s stroke had left him with a health condition that meant he would be more easily influenced. Therefore, the court decided in favor of the children and against probating the will that Kathleen offered.
If you believe a loved one of yours may have been unduly influenced, or if you would like to learn more, please call my Atlanta probate law firm at (404) 445-7771.
