Berk & Moskowitz, P.C.

A Will (or other transfer of property, such as an inheritance or a trust) may be canceled based on undue influence.  Basically, undue influence is where an individual exercises such control over the testator (the person signing the Will) that the Will does not reflect the testator’s true intentions and desires, but, rather, reflects the intentions and desires of someone else.

In determining whether undue influence was used, the courts look to the totality of the circumstances, but generally focus on the following factors: whether the influencer made misrepresentations to the testator; whether the Will was prepared and signed quickly, without deliberation; whether the execution of the Will was hidden from others; whether the person benefited by the Will participated in having it drafted and signed; whether the Will was inconsistent with prior plans; whether the Will was reasonable in view of the testator’s circumstances, attitudes and family; whether the testator was vulnerable to undue influence; and whether the testator and the beneficiary had a close relationship.

If you believe that an estate document or property transfer was the product of undue influence or you have questions regarding a probate dispute, contact the Arizona probate lawyers at Berk & Moskowitz, P.C.   Call 480-607-7900.