In the world of estate planning and inheritance law, undue influence is a critical issue that can significantly affect the distribution of an estate. If someone exerts undue influence on a vulnerable individual, it can lead to unfair or manipulated decisions in a will or trust. Understanding what undue influence is and how to recognize it is vital for beneficiaries, trustees, and anyone involved in estate planning.

What Is Undue Influence?

Undue influence occurs when one person exerts excessive pressure on another, causing them to act against their free will or best interests, particularly when drafting or amending legal documents such as a will or trust. The law views undue influence as a form of manipulation that takes advantage of the vulnerable, particularly the elderly or incapacitated.

In cases of undue influence, the influencer may manipulate the testator (the person writing the will) to change the terms of the will or trust in a way that benefits the influencer, often at the expense of other legitimate heirs.

Key Elements of Undue Influence

To establish undue influence, courts generally look for the following elements:

1. Vulnerability of the Influenced Party: The testator must be in a position of vulnerability, such as being elderly, mentally incapacitated, or physically weak. Illness or dependence on others for care may make someone more susceptible to manipulation.
2. Authority or Relationship of the Influencer: The person exerting influence often holds a position of trust or authority, such as a caregiver, family member, or close friend. This individual may have significant control over the testator’s day-to-day life or decisions.
3. Actions of the Influencer: The influencer’s actions must demonstrate an intent to overpower the will of the testator. This may include isolating the testator from other family members, controlling their access to information, or constantly pressuring them to change their will in favor of the influencer.
4. Resulting Benefit to the Influencer: The ultimate outcome of undue influence is usually a substantial financial or personal gain for the influencer, often at the cost of other beneficiaries who would have otherwise inherited.

Recognizing Signs of Undue Influence

If you’re involved in an estate or will where undue influence might be a concern, here are common warning signs:

• Sudden Changes in a Will: If a testator suddenly changes their will or trust to benefit one person disproportionately, especially if that person wasn’t previously a significant beneficiary, it could be a red flag.
• Isolation of the Testator: When someone isolates the testator from family, friends, or legal counsel, they may be attempting to control their decision-making.
• Dependency on the Influencer: The more dependent a testator becomes on one individual for daily care, financial assistance, or emotional support, the easier it becomes for that person to exert undue influence.
• Unexplained Gifts or Transfers of Assets: If a testator gives away large sums of money or valuable assets to one person without reasonable explanation, it might signal undue influence.

How Undue Influence Affects Inheritance Disputes

In many cases, undue influence can result in an unfair distribution of assets, leading to disputes among heirs. If someone suspects undue influence in the creation of a will or trust, they may contest it in court. Here’s how undue influence impacts inheritance disputes:

1. Contesting a Will or Trust: If a beneficiary believes that undue influence has taken place, they can challenge the validity of the will or trust in probate court. The burden of proof typically lies with the challenger to provide evidence that the testator was influenced into making decisions they otherwise would not have made.
2. Burden of Proof: Proving undue influence can be complex. Courts will examine various factors, including the testator’s mental state, the relationship between the testator and the influencer, and any sudden or unusual changes in the will or trust.
3. Potential Outcomes: If undue influence is proven, the court may invalidate the entire will or portions of it. The estate may then be distributed according to an earlier version of the will or under state intestacy laws if no valid will exists.

Preventing Undue Influence in Estate Planning

To protect against undue influence, several steps can be taken during the estate planning process:

• Involve Independent Advisors: Ensure the testator consults with independent legal and financial advisors who can provide unbiased guidance and protect their interests.
• Medical Evaluations: Having the testator undergo a medical evaluation to confirm their mental competency at the time of creating or amending a will can help prevent future challenges.
• Multiple Witnesses: When signing legal documents, having multiple witnesses who can attest to the testator’s free will and understanding of the document can reduce the likelihood of undue influence claims.
• Open Communication: Encouraging open communication between the testator and their family can help prevent disputes and ensure that all parties understand the testator’s true intentions.

What to Do if You Suspect Undue Influence

If you suspect that a will or trust has been impacted by undue influence, it’s important to act quickly. Consulting with an experienced estate attorney can help determine whether there is sufficient evidence to contest the will or trust in probate court. It’s important to gather documentation, such as medical records, communications, and witness testimony, to build a strong case.

Conclusion

Undue influence is a serious issue in estate planning that can unfairly skew the distribution of assets and lead to costly legal battles. By understanding the signs of undue influence and taking preventative measures, families can ensure that a testator’s true wishes are honored. If you are dealing with a potential undue influence case or need financial assistance while waiting for an inheritance dispute to resolve, Approved Inheritance Cash is here to help.