Proving Undue Influence in Tennessee – All You Need To Know (2025)

Proving undue influence in Tennessee is a critical legal concept in cases involving wills, trusts, contracts, or other legal documents where a party alleges that their decision was manipulated or coerced by another party. A document or transaction can be rendered void or invalid as the result of undue fluence. This concept is complex, and it’s important to understand all of its elements.

What Is Undue Influence?

Undue influence refers to improper influence or coercion that overpowers the free will of an individual, leading them to make decisions they otherwise would not have made. This can look different depending on the particular case, but generally occurs in the form of manipulation, persuasion, or threats, and is usually involved in contested wills, trusts, or contracts. Undue influence is a level of influence that renders the individual’s action involuntary.

Tennessee Law on Undue Influence

Undue influence is most often relevant in cases where a party challenges the validity of a trust or will under Tennessee law. This law, Tennessee Code 35-15-406, specifically states that a trust that was induced by fraud, duress, or undue influence in its creation is voided. That party must provide evidence to support their claim if they believe a will, trust, or contract was created due to undue influence.

Elements of Undue Influence in Tennessee

The party must establish several key elements to successfully prove undue influence in Tennessee court. Depending on the type of case, these factors can vary. The most common factors include:

• Existence of a vulnerable individual
• The influence of a third party
• Overpowering of a will or free choice
• A resulting document or action

Burden of Proof

The burden of proof in undue influence cases is on the party alleging undue influence in Tennessee. The party must present evidence that proves undue influence occurred. The evidence can include medical records, witnesses, or patterns of behavior to support the claim. When direct evidence of coercion is difficult to obtain, circumstantial evidence may be considered as well.

Hiring an experienced probate lawyer in Tennessee may aid those who are looking to prove undue influence has occurred. They are skilled in this type of law and have knowledge of how to prove these cases.

Presumption of Undue Influence

There are certain situations where a presumption of undue influence can occur in Tennessee, making it easier for the challenger to prove their case. When there is a confidential relationship between the individual who made the decision and the party alleged to have exercised undue influence, the presumption typically occurs. These relationships may be:

• Caregivers and patients
• Attorneys and clients
• Family members

Tennessee courts may presume that any significant changes to the individual’s will or other legal documents made under the influence of the other party are the result of undue influence. This presumption can be rebutted by evidence though, if the other party is able to prove that the individual acted freely and independently.

Factors Courts Consider in Determining Undue Influence

The state’s courts may look at several factors when assessing whether undue influence was present. These may include:

• The relationship between the parties
• The condition of the person
• The actions of the influencer
• The fairness of the transaction
• The timing
• The opportunity

Common Examples of Undue Influence

Although it can take several forms, there are many common examples of undue influence that are present in Tennessee. For example, a family member or caregiver may pressure or manipulate an elderly individual to change their will or trust in favor of the influencer. An influencer may also pressure someone into transferring assets or signing contracts to benefit themselves.

In other cases, a family member may convince a person who is creating a will to exclude others from inheritance through deceit, threats, or manipulation.

Common Defense Against Undue Influence Allegations

During undue influence cases, defendants often raise several defenses to counter the allegations. These often include:

• Lack of evidence
• Demonstrating individual or testator acted independently
• History of substantial gifts and relationship

FAQs

What Are the Elements of Undue Influence in Tennessee?

Elements of undue influence in Tennessee include a relationship of trust, a position of power, exploitation of weakness, unfair terms, and questionable actions. Evidence must be provided to prove undue influence. Proving one or more of these elements is often required when trying to show undue influence has occurred, especially in regards to creations and changes of a will or trust.

What Evidence Is Needed to Prove Undue Influence?

There are many different ways one can prove undue influence has occurred, either by direct or circumstantial evidence. They must show that the victim was vulnerable, the influencer either had authority over the victim or had a position of trust, and the influence used manipulation to gain an advantage over the victim.

What Kind of Lawyer Helps Prove Undue Influence?

Typically, a probate lawyer can help prove undue influence in an estate litigation case. These lawyers are often well-versed in the state’s laws and regulations regarding the probate process, wills, and trusts. Probate attorneys are able to assist clients in gathering evidence to prove that undue influence has occurred and help get a will or trust deemed invalid.

What Are the Odds of Winning an Undue Influence Case?

It can be extremely difficult to win an undue influence case. This is because it can be hard to provide enough clear evidence to prove that the undue influence occurred. However, hiring an experienced probate lawyer can help, as they are skilled in finding this type of evidence and demonstrably presenting it to the court.

Contact Our Lawyers Team to Get Help with Undue Influence Cases

Proving undue influence is a complex, and often time-consuming process. There are many laws and regulations regarding wills, trusts, probate processes, and undue influence in Tennessee. Hiring an experienced Tennessee lawyer may help strengthen your case during these matters. If you need guidance or representation in proving an undue influence case, or in defending against a case brought against you, contact the office of Shanone Emmack at Emmack Probate And Estate Law Group today.