When a person creates an estate plan, they need to be of sound mind. All decisions they make should be based solely on their own wishes. If anyone else influences those decisions, there may be undue influence.
Undue influence can undermine the integrity of the probate process. It can deprive beneficiaries of what they should receive. In many cases, the person who’s influencing the estate plan is doing so to get part of the inheritance. Manipulation, such as threatening to withhold medical care, is one form of undue influence.
Many signs of undue influence may occur. There may be an unexpected change in the will that coincides with a new caregiver or a family member suddenly taking an interest in the person.
Proving undue influence
Proving undue influence can be complex because it often happens in secret. Courts will look for signs like the person being isolated around the time of the change to the will. Talking to family members and friends may be critical to determining if this was a factor in the situation.
If the influencer is known, the court may look at how much control the influencer had over the individual. This includes looking at their role in the finances, daily activities and healthcare. It’s sometimes possible to use witness testimony, medical records and expert evaluations to prove that manipulation was a factor in the estate planning decision.
These cases can lead to significant rifts in the family, particularly if the influencer was a family member. Because of this, careful consideration should be given to whether there’s a good case behind the claim of undue influence.
Anyone who suspects that undue influence was a factor in the creation of a will should determine if they need to contest the will. This is a challenging situation, so it may be best for you to work with someone who can determine the available options. Trying to determine how to proceed is important because it can affect your potential inheritance.