When a person creates their estate plan, everything in the plan should be based on their wishes. Most people are able to do this without anyone trying to influence them, but there are times when someone close to them may try to sway their thinking.
Wills and trusts can be disputed if there’s evidence that the terms don’t reflect the creator’s wishes. Undue influence is one reason that may occur.
What is undue influence?
Undue influence occurs when someone pressures, manipulates or controls the decisions of the person creating the will or trust. When someone is isolated, elderly, ill, dependent upon a caregiver or facing cognitive decline, they rely on the help of loved ones and caregivers. The loved ones and caregivers may use their position to try to get the creator to set the will or trust up in a specific way.
What are the signs of undue influence?
Undue influence is often difficult to prove because there may not be any obvious signs. It often takes considerable investigation to determine what happened, but there are a few important signs that may signal a need to dig deeper.
- Sudden changes to long-standing estate plans
- Unexpected gifts to someone who takes care of the person
- Exclusions of close family members without a reason
- Secrecy surrounding the estate planning documents
- Involvement by a beneficiary in selecting the plan preparer
In some cases, isolation from friends and family is also present. This is especially problematic if there is only one person who’s handling the individual’s affairs, such as medical appointments or personal care.
Claims of undue influence can be challenging to prove. It may be beneficial to work with someone familiar with these matters.