Estate planning is a personal matter that should reflect the creator’s wishes. While the creator may turn to others for help in determining how to set things up in the estate, the final decision must be based on their own desires.
There are times when people may try to get the creator to set certain aspects of the estate plan in a specific manner. This is often self-serving and may lead to claims of undue influence.
What is undue influence?
Undue influence happens when a person uses pressure, manipulation or coercion to twist another person’s free will. This will usually benefit that individual in the trust, will or another estate document. This often occurs when the creator is a vulnerable individual, such as an ill person or someone who’s elderly.
In many cases, undue influence comes to light when something is suspicious or unexpected in the estate plan. That may cause people to question what’s going on. Upon investigation into the matter, it may be found that someone with power or control over the creator used their position to take advantage of the creator.
How can undue influence be prevented?
Avoiding undue influence starts with clear communication and careful planning. When creating or updating estate documents, it helps to work with an impartial professional who can ensure that decisions are made freely and with full understanding. This is especially important when changes favor one person over others or depart from a longstanding plan.
What are the risks of undue influence?
Undue influence can lead to costly and time-consuming legal battles. Family members have the option of contesting the will or trust in probate court. If the court finds that undue influence impacted the estate plan, the affected document might be invalidated. Having professional assistance throughout the estate planning process and during the administration process is critical.