How Do You Establish “Undue Influence” in Tennessee When Contesting a Tennessee Will?
One of the most common ways that Tennessee Wills are contested is based on the theory of “undue influence”. This is a broad category where a will can be contested based on the theory that the person benefitting from the Will exhibited influence over the decedent in an inappropriate manner. One example would be where a person manipulated someone who had dementia or Alzheimer’s into changing their will for that person’s direct benefit (often to the exclusion of other family members).
In order to establish that a Will was subject to “undue influence” in Tennessee, certain circumstances must be present. This includes the following as notes by the Tennessee Court of Appeals:
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