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What is undue influence in the creation of a will?

It is important that Nevada residents create wills and other estate planning documents so that their assets and wealth are protected and properly directed to beneficiaries at the time of their deaths. However, beyond simply having such documents in place, individuals should ensure that their estate planning tools accurately reflect their needs and intentions. From time to time, prospective beneficiaries and others may attempt to enrich themselves by pressuring others into changing their estate plans so that the influencers are given more.

When this happens, undue influence may be to blame. Undue influence occurs when a person is manipulated into benefiting an individual who denies the original person of their free will to negotiate. Undue influence may be put upon a person through coercion and duress, and it may be targeted upon individuals who are easily influenced.

Undue influence can greatly impact how an estate is distributed and how beneficiaries are provided for in the wake of a death. When individuals suspect that the will of a loved one was changed or altered due to the undue influence of another party they may attempt to challenge that will in probate. A will challenge assessed the veracity and soundness of a testamentary document to ensure that it reflects the desires and intentions of the party who purported to create it.

This post does not offer legal advice to its readers and anyone who suspects that undue influence had a hand in the execution of a loved one's will should talk to an attorney who practices probate litigation. A will contest may prevent a decedent's estate from wrongfully being given to someone who pressured them into making choices they would not have otherwise made.

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