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When a loved one passes away, the last thing most families expect is a fight over the will. But when that document leaves everything to one person—or shuts out close relatives entirely—it raises fundamental questions. Was this indeed what your loved one wanted? Or was someone pulling the strings?
If you believe someone took advantage of a vulnerable person to change their will, it’s time to look closer. Undue influence is often alleged in will contests in Texas, but proving it takes more than suspicion. This blog will walk you through the warning signs, how courts look at these claims, and what steps you can take if something feels wrong.
What Is Undue Influence?
Undue influence happens when someone uses pressure, manipulation, or emotional control to get another person to change their will. It’s not just about asking for help or making suggestions—it’s about crossing the line into coercion. The result is a will that may not reflect the true wishes of the person who signed it.
This kind of pressure usually happens behind closed doors. It often involves a person in a position of trust—like a caregiver, family member, or even a new friend—who takes advantage of someone who’s elderly, ill, or mentally vulnerable. They may isolate the person from others, control access to information, or create a sense of fear or dependence. The goal is simple: to secure a larger share of the inheritance.
Proving undue influence isn’t always easy, but recognizing the signs is the first step. Let’s look at some of the most common red flags.
Common Warning Signs of Undue Influence
Undue influence doesn’t usually happen out in the open. It builds quietly, often over time, and can be hard to spot until the damage is done. But there are patterns. If you’re questioning the validity of a will, here are some signs that may point to undue influence:
- Sudden or drastic changes to a will, especially near the end of someone’s life
- One person receiving the majority—or all—of the estate, while others are unexpectedly cut out
- Isolation of the person from friends, family, or trusted advisors
- Heavy dependence on a caregiver, relative, or companion who wasn’t involved previously
- Mental or physical decline that left the person more vulnerable to suggestion or pressure
- Unusual secrecy around the creation or signing of the new will
No single sign proves anything on its own. But when several of these appear together, it’s worth asking questions. If something about the will doesn’t sit right with you, don’t ignore that feeling. These cases are about more than money—they’re about protecting the wishes and dignity of someone you cared about.
How Texas Courts Evaluate Undue Influence
If you decide to challenge a will, it’s not enough to say something feels wrong—you’ll need to present evidence. Courts take undue influence seriously, but they look at the whole picture before making a decision. That includes both the relationship between the parties and the circumstances leading up to the will’s creation.
To evaluate an undue influence claim, the court may consider:
- The mental and physical condition of the person who signed the will
- Whether the alleged influencer was in a position of trust or control
- The presence of suspicious changes, especially if they happened late in life
- Who was involved in drafting or witnessing the will
- Evidence of isolation or pressure before the will was signed
In some cases, if there’s a close relationship and one person clearly benefits, the court may shift the burden of proof. That means the person who benefited most from the will may have to prove they didn’t pressure or manipulate the deceased. It all depends on the facts.
These cases are complex, but the courts are focused on one thing: making sure the will reflects the true intent of the person who created it.
What to Do If You Suspect Undue Influence
If you’re worried that a loved one’s will doesn’t reflect their real wishes, don’t wait too long to act. There are time limits for challenging a will, and the longer you wait, the harder it can be to gather the evidence you need.
Here are a few steps you can take right away:
- Collect documentation—gather any versions of the will, medical records, emails, or letters that might show a pattern of pressure or control.
- Talk to people who were close to the deceased—they may have noticed changes in behavior, isolation, or unusual decisions.
- Write down what you know—memories fade, and it helps to have a timeline of events while it’s still fresh.
- Reach out to an estate litigation attorney—you don’t have to figure this out on your own.
Taking action doesn’t mean starting a legal battle overnight. It means protecting the voice and legacy of someone who may not have been able to speak for themselves in the end.
Call An Estate Litigation Lawyer If You Suspect Undue Influence
If you believe a loved one was pressured into changing their will, don’t ignore those instincts. Undue influence can be hard to prove, but you don’t have to figure it out alone. These situations are emotional and complex—and you deserve legal support that’s both knowledgeable and compassionate.
Trust the Law Office of Carey Thompson to protect your family’s legacy and hold wrongdoers accountable. We will build a strategy that puts your loved one’s true intentions first and protects your interests every step of the way. Call today for a consultation.