Hire a Qualified Rhode Island Probate Lawyer  

If you believe that undue influence was involved in a loved one’s will, it’s critical to contact a Rhode Island probate attorney to help with the dispute. They can work with you to gather evidence and file the will contest, and represent you in probate court if needed. 

File a Will Contest for Undue Influence 

Not just anyone has the right to a will contest to dispute the validity of the will. It must be done by a person who is considered an interested party. For example, this could include beneficiaries named in a prior or later will, potential recipients that would gain an inheritance if the undue influence was proven, or occasionally creditors of the estate. If you want to file for undue influence, you must submit your objection in writing to the same probate court where the original will was submitted.     

Get Information About What an Undue Influence Allegation Involves

Arming yourself with information about the process and what’s necessary can also help. Your probate attorney can fully map out the information for you and explain specifics that pertain to your case. In general, several areas must be addressed with an undue influence allegation. 

For example, evidence must show: 

  1. The testator was susceptible to influence due to their physical or mental condition 
  2. That a person had the opportunity to exert this influence over the testator
  3. The inappropriate influence was in fact exerted or attempted 
  4. The influence had the intended effect and the accused person would benefit from the changes in the will 

Gather Evidence to Support the Undue Influence Claim 

Because this issue is so complex, and the deceased person cannot testify on their own behalf, showing undue influence can involve coming up with compelling evidence that helps to support the claim. Any details or outside testimony that would support the undue influence claim could be helpful.  

Supporting evidence may include: 

  • Notes, letters, or any other written documentation from your family member
  • Copies of the previous copy of the will 
  • Statements from witnesses who knew about changes to the will 
  • A possible fiduciary relationship between the accused and the testator 

Consult a Skilled Rhode Island Probate Lawyer With Kirshenbaum & Kirshenbaum 

Kirshenbaum & Kirshenbaum is a law firm experienced in working with clients on probate and estate issues with compassion and skill. The process of losing a loved one, dealing with grief, and walking through all the issues that come with the loss are challenging enough. Let Kirshenbaum & Kirshenbaum assist you with finding a just outcome when you suspect undue influence.

Christopher L. Russo
Helping Rhode Island personal injury victims for nearly three decades to get the compensation they deserve.