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Get Your Questions Answered – Call Me To Schedule Your 30 Minute Phone Consultation (719) 985-8192
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Undue Influence is a legal concept that’s determined based on the specific facts of each unique case.
At its core, undue influence refers to a situation where someone pressures or manipulates the testator, or the person creating the will, into making a decision (or multiple decisions) that doesn’t reflect their true intentions.
In this type of scenario, instead of acting in the best interest of the testator, the influencer is steering decisions in a way that benefits themselves or others, potentially at the expense of the testator’s genuine wishes.
Under Colorado law, an undue influence claim can be filed by any “interested person,” but that doesn’t literally mean just anyone. It refers to individuals or entities with a legitimate stake in the estate. This may include heirs, creditors, or even the parent of a beneficiary.
If allegations of coercion or manipulation are made, typically the personal representative, or the individual appointed by the court to manage the estate, is responsible for looking into those claims.
However, if the allegations involve the personal representative themselves, the court can step in and appoint a neutral party, often called a special administrator. This person’s sole role is to investigate the claims and determine whether or not they have merit.
In some cases, the court may also replace the personal representative entirely to ensure the investigation is handled by someone with no personal stake in the matter.
Attorney Tammy W. Akers has earned a reputation in Colorado Springs for her honest, direct, and compassionate approach to estate planning. Since 1984, she has helped families navigate complex issues like undue influence disputes and ensures that her clients' best interests and intentions are always respected.
Still have questions? Ready to get started? Contact the Law Firm of Tammy W. Akers, LLC, today to schedule an initial consultation.
Psychological and medical evaluations can be key in showing whether the person who made the will, or the decedent, was vulnerable at the time it was signed.
For example, evidence that the decedent was experiencing cognitive decline, memory loss, or confusion, or was on medication that impaired their ability to think clearly, can all be used to support a claim that someone took advantage of their condition.
These evaluations may also be used to argue that the decedent lacked the legal capacity to even make a will in the first place, which could render the will invalid, even without providing undue influence.
It’s best to contact an attorney as soon as you suspect undue influence. Colorado law imposes strict deadlines for filing certain probate claims, and waiting too long could mean losing your right to challenge the will.
In some cases, failing to raise the issue promptly may be seen by the court as waiving your claim. An early consultation allows an attorney to assess whether there’s a valid case and, if not, you’ve lost nothing. But if you delay, you risk losing your chance entirely.
If the will hasn’t been changed yet, the best step is to safeguard the process. You have to make sure the person creating the will meets privately with an attorney they personally choose, without any potentially influencing family members in the room. This helps ensure their wishes are truly their own.
If the concern arises only after the person has passed away, proving undue influence becomes much harder. Without written documents, recordings, or other concrete evidence, options are severely limited. Colorado’s “dead man’s statute” prevents anyone who stands to benefit from testifying about what the decedent said, so you would need neutral third-party witnesses.
The burden of proof in these cases is also “clear and convincing,” which is higher than the typical civil standard. That makes early action before a will is signed all the more important.
For more information on undue influence contested wills in Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (719) 985-8192 today.
Attorney Tammy W. Akers has earned a reputation in Colorado Springs for her honest, direct, and compassionate approach to estate planning. Since 1984, she has helped families navigate complex issues like undue influence disputes and ensures that her clients' best interests and intentions are always respected.
Still have questions? Ready to get started? Contact the Law Firm of Tammy W. Akers, LLC, today to schedule an initial consultation.
