When a person prepares a Last Will and Testament the law requires that they be of "sound mind" and appreciate, in a general way, the nature and extent of their property and next of kin. The person must also sign the will as their "free act and deed" and not be subjected to the "undue influence" of others. Unfortunately, as people age they may become housebound and come to rely upon "caregivers" who are in a unique position  to apply "influence" with regard to the preparation of a will. Not surprisingly the terms of the will prepared will often heavily favor the caretaker over other potential heirs.  Family members may feel that the wishes of their loved one, as set forth in the will, do not reflect the dispositive plans they had been led to expect. They may suspect that the Will is the product of "undue influence" and does not represent the true wishes of the deceased.

The first step in the Probate process is for a person to Petition the Court to be appointed the "Executor" (or "Executrix" if the person is a woman) of the deceased "Estate." The "Executor" once appointed gains full control over the deceased's property. If you are a potential heir to a person's estate you may be asked to "Assent" to the appointment of the "Executor"  so that they can be appointed in a streamlined process. Once a "Petition For Probate" is filed the Probate Court issues a "Citation" which formally notifies interested parties of the filing of the will. Persons who  harbor suspicion that a will was the product of "undue influence" may withhold their assent for any reason and then "Object" to the "Allowance" of the will. However, objectors have the burden of proving their objections such that mere suspicion may not be enough to stage a successful challenge.  Objections must be filed by the "Return Date" set forth in the "Citation"  and followed by  a detailed "Affidavit"  outlining the factual reason for their objections within thirty days. These time frames are strictly enforced. Those who chose not to comply with the strict requirements of the law do so at their peril and may lose their rights to object forever!

If you feel that the will of a loved one was the product of "undue Influence", or was made while the person lacked sufficient mental capacity to appreciate what they were doing, it is advisable that you consult with an attorney immediately.

If a will has already been allowed, and an "Executor" appointed for the estate, you may still be able to challenge the actions of that person if they have breached their "Fiduciary duty."