Undue Influence Will Contest

daughter holding onto her mother who's sitting in a wheelchair

I've seen it time and time again, someone dies and divides up their assets among family and beneficiaries in a way they believe is fair, only to ultimately have one of the beneficiaries contest their inheritance. Some of these reasons include fraud, suspected forgery, lack of capacity, or even undue influence.

What is Undue Influence?

Undue influence is defined as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.”

More simply put, it’s when someone uses manipulative actions or tactics to convince the victim to change financial documents in their favor. Unfortunately, the mentally disabled and elderly are at risk for this type of manipulation.

Oftentimes, this occurs when a family member, caregiver, or close friend unduly influences an elderly person during a time of mental or physical distress to change their estate plans. This is usually not discovered until after their passing and beneficiaries are surprised to find they have inherited less than anticipated or written out of the will completely.

Who can Claim Undue Influence?

Only an “interested party'' may bring a claim of undue influence. An interested party is someone who suffers some kind of financial damage from this exertion of undue influence.

For example, there could be a case where a child influences their elderly mother to leave a piece of property to them. Whereas previously it would have been split between all of her children. In this example, only the children left out of this specific inheritance would be considered “interested parties.”

While other family members may be aware of the undue influence and be angered by it, only the damaged parties may file a claim.

How to prove undue influence

The burden of proof in an undue influence case lies with the challenger. It is their responsibility to prove that the will or trust is invalid by supplying proper evidence.

There may not be one single piece of evidence that proves manipulation or influence, but several small pieces that align together.

This evidence may include

Witness or expert testimonies from family members, caregivers, or healthcare providers.
Physical evidence such as documents, written or recorded conversations, and previous statements of intent.

Representation for Undue Influence

While knowing the signs of undue influence is the first step to identifying if you have a case, it’s important that you seek the help of a qualified attorney as soon as possible. There is a statute of limitations for when claims can be made and gathering proper evidence before it’s lost or destroyed is essential.

I have years of experience in defending and representing claimants in will contest undue influence cases. Schedule a consultation today to begin discussing your case.

Frequently Asked Questions About Pour-Over Wills

Does a pour-over will avoid probate?

No. Assets passing under a pour-over will generally require probate before they reach the trust. Assets already properly held in a living trust generally avoid probate. Other assets may pass outside probate through valid beneficiary designations or survivorship ownership.

Do I need a pour-over will if I already have a living trust?

A companion pour-over will is generally recommended. It provides instructions for covered probate assets left outside your trust and can name an executor and nominate guardians for minor children.

Can I name guardians in a pour-over will?

Yes. A pour-over will can nominate guardians for minor children. Court appointment and Ohio law still apply; the nomination does not automatically override a surviving parent's rights or every other consideration.

What happens if I have a trust but no pour-over will?

Assets already in the trust continue to follow its terms. Property outside it follows any effective beneficiary designations, ownership arrangements, or other will provisions. Probate property with no effective will provision may pass under Ohio intestacy law instead of your trust instructions.

Does a pour-over will override beneficiary designations?

Generally, no. A valid beneficiary designation on an account or insurance policy usually controls that asset's transfer. Review beneficiary designations alongside your will and trust so the arrangements support your overall plan.

Will a pour-over will reduce my taxes?

Not by itself. A pour-over will directs covered property into a trust. Tax consequences depend on the assets, trust provisions, beneficiaries, and applicable law. It should not be treated as an automatic tax-saving tool.

Can I rely on a pour-over will instead of funding my trust?

That is generally not a good substitute. Assets left to pass through the will may require probate, adding administration before the trust can receive them. Funding appropriate assets during your lifetime helps the trust perform its intended role.

What if I revoke or replace my living trust?

Have your pour-over will reviewed at the same time. Under Ohio Revised Code Section 2107.63, termination or complete revocation of the receiving trust before death invalidates the gift to its trustee under that provision. Your attorney can coordinate replacement documents and backup instructions.

Make Sure Your Will and Trust Work Together

A trust agreement, asset ownership, and beneficiary designations all affect how property passes after death. A pour-over will helps address gaps, but the documents need to work together.

Charles Bendig Law helps Ohio individuals and families with wills, living trusts, and probate matters.

To discuss creating a trust-based estate plan or reviewing an existing one, contact attorney Chuck Bendig or call (614) 878-7777.

I'm Chuck Bendig,

"For 40+ years, I've served Ohio residents. My private practice spans family law, estate planning, and personal injury cases. My commitment is rooted in genuine care for the individuals I serve."

Let's talk.