What is Undue Influence?

Robert (Guest) on Friday, November 02 2012, 01:41 PM
My father was diagnosed with dementia months before he died. My sister was caring for him during the last six months of his life. During that time my father created a new Will. Can I challenge the validity of this will based on Undue Influence in Massachusetts?
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    Replied by Attorney Alan Fanger on Friday, November 02 2012, 01:52 PM · Hide · #1
    A very common legal matter in Probate litigation is a Will Contest. This is when an interested party challenges the validity of a Will. The question of Undue influence often arises — Did someone close to the deceased convince him or her to rewrite the will (to the exclusion of others or their own personal benefit)? Given the information you've provided, it is likely that you could successfully challenge this Will under the theory of Undue Influence.
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