As a will beneficiary in Nevada, you can contest the validity of your loved one’s will if you believe they were subject to undue influence when creating or amending the legal document. But, how can you prove they were coerced or manipulated into making decisions that did not reflect their true intentions, given they are not around to weigh in?
Proving undue influence involves presenting a compelling case supported by relevant evidence, as explained below.
Key elements to prove undue influence
Undue influence cases are rarely proven through a single piece of evidence. Additionally, you do not have to show the perpetrator in the act to prevail. Instead, probate courts often rely on direct and circumstantial evidence to sufficiently determine whether the testator’s decisions were improperly influenced.
In most cases, you will need to provide evidence showing the testator was susceptible to manipulation due to their age, an illness or mental incapacity. Demonstrating the perpetrators’ close relationship with your loved one, such as a caregiver, family member or trusted advisor could also help your case.
You may also need to show how the perpetrator stood to benefit by unduly influencing the will and their active participation in drafting, altering or signing the will. For instance, a significant or suspicious change to the will that disproportionately benefits the perpetrator could indicate undue influence.
Present a strong case for a successful outcome
Understanding the legal nuances involved and building a case that connects multiple pieces of evidence into a coherent narrative when contesting a will necessitates qualified legal assistance. Having proper guidance throughout the process can go a long way in presenting a strong case to safeguard your inheritance and protect your loved one’s legacy.