Estate planning is meant to reflect a person’s true wishes. However, undue influence can sometimes affect decisions about wills and trusts.
Understanding what undue influence looks like is key to protecting loved ones and ensuring fairness in estate planning. Here are some crucial points to consider.
Who might apply undue influence?
Undue influence often comes from people in a position of trust. Carers, family members, close friends or advisers may use their relationship to pressure someone into changing their estate plan. Their goal may be to benefit themselves financially or to cut out other rightful heirs.
Why are some people more vulnerable?
Certain individuals are more at risk of undue influence. Elderly people, those with serious illnesses and individuals with cognitive impairments may rely heavily on others for daily needs. Isolation can play a role. When someone is dependent or feels alone, they may be more likely to agree to unfair demands.
How can beneficiaries challenge undue influence?
If a beneficiary believes a will or trust was created under undue influence, they can contest it in court. Common signs of undue influence include sudden changes to an estate plan, especially if they favor one person dramatically. A legal challenge requires evidence like witness testimony, medical records or proof of suspicious behavior. If a court finds that undue influence occurred, it may declare the document invalid and restore a previous version or distribute assets according to state law.
Protecting loved ones means being alert to the signs of manipulation. If you suspect undue influence, you may want to consider seeking legal guidance.
