Monthly Archives: February 2018
Undue Influence in Virginia: Does the Undue Influencer Have to Be a Beneficiary?
Without question, one of the most common estate disputes we see centers around allegations that one person unduly influenced another person to write (or re-write) a will or trust. The typical situation involves an elderly person, no longer capable of living independently, who becomes increasingly reliant on another person for care and assistance. Under Virginia law, undue influence occurs when a testator’s free will is destroyed due to the influencer’s close relationship with the testator. This theory is one of the most common methods used to attack a will or trust. There are different ways to prove undue influence. Undue …
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Court Opinions, Disinheriting Family Members, Elder Law Disputes, estate administration, Fiduciary Accounting Requirements, Fiduciary Duties, incapacity, Legal Terminology, litigation, New Laws, Preventing Disputes, trust administration, Trust Disputes, Undue Influence, Virginia Supreme Court
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