Will Power: Defending Against Undue Influence in Ohio Probate Matters

In Ohio probate cases, allegations of undue influence can arise when a will or trust is contested. The claim suggests that a fiduciary or beneficiary manipulated the testator (the person making the will) into making decisions against their true wishes. While courts take these claims seriously, defending against them is possible with the right legal approach and evidence.  

To prove undue influence in Ohio a plaintiff must establish four elements: 1) A susceptible testator, 2) Influence by a person in a position of power, 3) Improper influence exerted or attempted, and 4) An unfair result (the effect of the undue influence). Generally, the burden of proof lies with the party challenging the validity of the will. However, if a special relationship with the testator can be proven, the burden will shift from the Plaintiff to the Defendant, and the Defendant must show they did not unduly influence the testator by a preponderance of the evidence.  

There are several key defenses that can be employed when defending an undue influence claim. One such strategy may be by proving the testator was of sound mind when creating the will. Here, you can present evidence that the testator acted independently and rationally. Possible evidence includes medical records, testimony from doctors or neutral witnesses who have interacted with the testator. Another possible defense is showing your lack of opportunity to exert influence over the testator. This can be supported by evidence showing that the alleged influencer did not spend significant time with the testator or was not in a position of trust or dependency.  

If you can present evidence that the testator worked with an independent attorney, financial advisor or another independent professional when creating their estate plan, it supports the argument that they were not unduly influenced, as they ultimately made the decision on their own. Reviewing previous wills, trust documents, and financial records can also help establish a pattern of intent. 

Defending against an undue influence claim in Ohio requires demonstrating that the testator acted freely and knowingly when creating their estate plan. Legal representation is crucial in planning a strategic approach to presenting evidence and defending against such an allegation. Ultimately, the goal is to uphold the integrity of the testator's wishes and ensure that their final decisions are respected and honored. 

If you're facing challenges with undue influence claims in Ohio probate matters, don't hesitate to contact us.

This blog was drafted by Nicholas Mitchell, an experienced attorney at N.P. Weiss Law.  For more information about Nicholas Mitchell, you can visit his bio page.

This article is meant to be utilized as a general guideline. Nothing in this blog is intended to create an attorney-client relationship or to provide legal advice on which you should rely without talking to your own retained attorney first.  If you have questions about your particular legal situation, you should contact a legal professional.