Can someone leave their spouse out of their will?
Full Question:
Sue was married to Joe for over 20 years before becoming injured in an accident. As a result of this accident, she suffered from mental problems that caused her to act out. Out of concern for her well being, she went to stay with her family out of state. After staying with her family for several days, she made a will leaving everything to them and nothing to Joe. Joe made repeated attmepts to visit but her family would not let him see her. Sue died several months later. Can Joe contest Sue's Will? On what grounds?
01/05/2007 |
Category: Wills and Estates |
State: Alabama |
#157
Answer:
Yes, Joe may contest Sue's will based on Undue Influence. Undue Influence occurs when a person exerts control over the wishes and goals of another.
Generally, you must prove:
1. the existence and exertion of an influence;
2. the effective operation of such influence so as to subvert or overpower the mind of the testator at the time of the execution of the testament; and
3. the execution of a testament which the testator thereof would not have executed but for such influence.