A person who makes an estate plan should be of sound mind and body. The contents of their estate plan should be strictly based on their own wishes and what’s legal. It’s against the law for anyone with authority or power over an individual to try to influence the instructions in their estate plan.
If undue influence is a factor in an estate plan, it may be nullified by the court. Understanding undue influence may be beneficial if you’re concerned that this is a factor in your loved one’s estate.
What are some signs of undue influence?
One of the primary signs of undue influence is that the person suddenly changed the terms of their estate plan. This may not be known until the person passes away, but it’s a major red flag if family members close to them were removed from the estate plan in favor of someone who wasn’t close to them.
What happens if undue influence is a factor?
It’s possible to challenge a will on the basis of undue influence. This must be done by someone with a valid interest in the estate, such as someone named in the will or someone who would receive an inheritance if the individual didn’t have an estate plan in place.
Claims of undue influence can be difficult, and they can tear a family apart if the individual benefitting from the undue influence is a family member. Working with someone familiar with these matters may make it easier to determine the best option to move forward with the claim.