How To Prove A Tennessee Undue Influence Defense

 

 

In Tennessee, a defense of Undue Influence is defined as:

Undue influence occurs when a caregiver or someone who has a fiduciary or confidential relationship with a weaker, ailing, or elderly person substitutes his own will for that of the weaker person.

It simply means:

When someone else persuades a weaker party to sign a contract.

There are 3 elements of the defense:

• Element 1. A confidential relationship existed between the testator and the beneficiary. A confidential relationship means that the person making a will (the testator) trusted the beneficiary, often relying on them for advice or support, which can raise concerns about whether the beneficiary may have improperly influenced the testator’s decisions regarding the will.
  

  Facts that might support this element look like:

  * The testator frequently sought the beneficiary’s advice on personal and financial matters, indicating a reliance on their judgment.
  * The beneficiary had access to the testator’s financial records and was involved in managing their affairs, demonstrating a position of trust.
  * The testator expressed a strong emotional dependence on the beneficiary, often confiding in them about sensitive issues.
  * The beneficiary was present during key discussions about the testator’s estate planning, influencing the testator’s decisions.
  * The testator had limited social interactions outside of the beneficiary, suggesting an isolated relationship that heightened the beneficiary’s influence.

• Element 2. The testator experienced physical or mental deterioration. The testator, the person who made the will, was suffering from health issues or mental decline, which may have made them more vulnerable to outside pressure or manipulation when deciding how to distribute their assets.
  

  Facts that might support this element look like:

  * The testator was diagnosed with Alzheimer’s disease, which progressively impaired their cognitive functions and decision-making abilities.
  * Witnesses observed the testator frequently forgetting names and important dates, indicating a decline in memory and mental acuity.
  * Medical records show that the testator suffered from severe depression, which affected their overall mental health and capacity to make sound decisions.
  * Family members reported that the testator exhibited signs of confusion and disorientation during conversations in the months leading up to the will’s execution.
  * The testator required assistance with daily activities, suggesting a significant decline in both physical and mental health.

• Element 3. The beneficiary actively participated in procuring the will. If a person who benefits from a will was involved in getting it made, it raises questions about whether they pressured the person making the will, which can be a key point in arguing against claims of undue influence.
  

  Facts that might support this element look like:

  * The beneficiary was present during multiple discussions about the will’s contents and frequently expressed their preferences regarding asset distribution.
  * The beneficiary provided the attorney with specific instructions on how the will should be drafted, influencing its final terms.
  * The beneficiary arranged and attended meetings between the testator and the attorney, ensuring their presence during critical decision-making moments.
  * The beneficiary often pressured the testator to change their mind about previous estate plans, emphasizing their own interests in the outcome.
  * The beneficiary had access to the testator’s personal documents and used that information to manipulate the will’s provisions in their favor.

^{(See Mitchell v. Smith, 779 SW 2d 384 (Tenn. Court of Appeals 1989).)}
If you’re in court without a lawyer and plan to assert a Defense of Undue Influence, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively present your Defense of Undue Influence.

Prove Your TN Undue Influence Defense

U.S. Civil Cases Only