Contesting a South Dakota Will Based on Undue Influence

When developing a will in South Dakota, the testator puts significant thought into how the property will be distributed upon his or her death. However, once the will enters probate, there may be beneficiaries who believe that decisions about the distribution of the estate were made counter to the testator's actual wishes. In situations such as this, a portion of the will or an entire will may be contested on the basis of undue influence.

In a case of undue influence, the burden of proof is on the beneficiary to show that the testator was pressured or persuaded by another party to change the terms of the will or include terms in favor of that other party. This pressure could include threats or coercion resulting in changes made against the testator's free will. The courts will look at intent when a will is challenged based on undue influence.

To contest a will in South Dakota based on undue influence, the person must have standing, which includes an interest in the will or estate. In addition, a will cannot be contested just because a family member or other beneficiary feels slighted. There must be legal grounds.

For a South Dakota will contest on the grounds of undue influence, it is important to look at the following:

1. Whether a confidential relationship existed between the beneficiary and the testator and whether, based on this relationship, the testator felt pressured or was persuaded in any way to change the terms of the will.
2. Whether the beneficiary had a role in executing the will, which will help to show the influence the beneficiary held over the testator at the time of drafting the will. It is important to note that to avoid the appearance of undue influence, family members should have absolutely no involvement in drafting the will, including meeting with the attorney.
3. Whether the testator was susceptible to undue influence. Was the testator elderly or was his or her mental capacity in question? Did the testator easily fall victim to financial manipulation?
4. Whether the distribution of property was reasonable given the relationship between the testator and the beneficiary. Was the gift overly generous?

Contesting a will in South Dakota based on undue influence can be complicated because a testator can leave property to whomever he or she wishes. If you believe that undue influence resulted in a change to the will and that the will no longer represents the testator's intent, speak with a Sioux Falls will contest lawyer at Zimmer, Duncan & Cole. Call toll free at (888) 733-2992 to speak with a Sioux Falls will contest attorney, and order a free copy of A Step-by-Step Guide to Will Contest Cases. With offices in Sioux Falls and Parker, our attorneys represent clients throughout South Dakota. Call us today.