Making Sense of Undue Influence

Man making older lady sign document

Making Sense of Undue Influence

Sometimes individuals take advantage of the elderly or ill near their time of death—a situation the Smith Law probate litigators often discover when investigating estate dispute claims.

The wrongdoers in most cases manipulated testators into planning or altering wills or trusts that cut out legal successors and transferred the testators’ property and assets to the influencers.

Iowa trust and estate rules define undue influence as pre-death manipulation, persuasion and control of a testator’s intent and free will to convey assets for one’s personal financial gain.

Undue influence findings invalidate wills and trusts in probate; therefore, illegitimate undue influence claims will attack a beneficiary’s lawful right to obtain the deceased’s property.

To test whether undue influence has occurred, probate courts will consider and scrutinize evidence relevant to the decedent’s vulnerability and to the influencer’s conduct before death.

The will and trust litigators at the Smith Law Firm believe Iowans who stand to inherit property should get a sense of what undue influence is and how to assert or defend it in probate court, since estate dispute parties frequently assert undue influence claims and defenses in their court arguments.

Common Questions

Legal Issues
Relating to Undue Influence

Injunctions sought by will challengers to remove executors or trustees who breach their fiduciary duties by exercising undue influence over testators.
An assertion that claims influencers held confidential relationships with testators created through acts of trust and dependence.

Experienced Undue Influence Litigation in Iowa

The Smith Law Firm attacks and defends undue influence claims.

Seek our advice if you suspect a another person used their influence and control over a loved one to unjustifiably cut you out of a will

We are the go-to probate litigators in Iowa for working out estate disputes.

And don’t forget. “It’s our mission to save you money by resolving your undue influence claim out of court or in mediation.”


Related News & Posts

Check out our blog and learn more about undue influence in Iowa.


809 8th St. SW, Suite F 
Altoona, Iowa 50009

“It’s our mission to save you money by resolving your undue influence claim out of court or in mediation.”