Presumption of Undue Influence |
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Anyone who helps a loved one prepare a Will, Trust or other transfer of property should be careful. Arizona law may require proof with clear evidence that they did not unduly influence the family member.
The burden of proof in litigation sometimes determines who wins the case. If the party who has the burden cannot carry the burden – cannot present sufficient evidence to satisfy the legal standard – the other party does not have to present any evidence to win the case.
In Arizona, a party who is trying to uphold a Will, Trust or other transfer may have the burden of proving that there was no undue influence IF he/she was (1) “active in the preparation or procurement of the will” – for example, he initiated the idea, suggested specific dispositions, including to yourself, and arranged to have the Will prepared; and (2) had a close personal relationship with the one who signed the Will – was their professional advisor or family member, for example. Both of these elements must exist in order to require the party trying to uphold the Will to prove the absence of undue influence.
Where the presumption of undue influence arises, the proponent then has the burden of proving with clear evidence that there was no undue influence. So, what is undue influence and what elements do Arizona courts consider in deciding whether undue influence played a role in the execution of a Will?
Contact our probate lawyers if you have questions regarding undue influence or a will or trust dispute.