What Is Undue Influence?
Undue influence occurs when someone pressures, manipulates, or coerces a person into changing their will in a way that benefits them unfairly. In some cases where undue influence is suspected, it can lead to a will contest, the rightful heirs challenge the document in court. Now your Estate Administration has become an Estate Litigation.
Now, it must be stressed that there are consequences involved in Estate Litigation. This could include, but is not limited to, lengthy and costly legal battles, family drama, and especially estate plan uncertainty—as a contested will can, and most certainly will, derail the testator’s original intentions.
How Do You Prove Undue Influence?
Proving undue influence isn’t easy—it’s not like there’s a folder labeled “Evil Nephew’s Master Plan to Steal Grandma’s Estate.” Courts will look for signs that someone exerted improper pressure on the person making the will (the testator).
Therefore, the court will typically look for the following:
- Was the testator vulnerable? A testator’s vulnerability could be due to age, illness, dependency, or cognitive decline.
- Did the influencer have control or power over them? Influencers can truly be anyone who had some control over the testator and lead them to make decisions for their own personal gain. Caregivers, close relatives, or those with financial control over the testator could fall into this category.
- Are there suspicious circumstances? A sudden change to the testor’s will is the best example of a suspicious circumstance, especially if the change disproportionately benefits a singular person.
- Was the testator’s free will was compromised? If the answer to this is yes, then it is the best testament that they likely weren’t making decisions on their own and were guided by another’s opinion.
The Impact on Estate Cases
If undue influence is proven, the will—or the specific portions impacted—can be invalidated. The court may either look back to a previous version of the will or distribute assets according to intestacy laws, acting as if no will existed to begin with.
Preventing Undue Influence Claims Over Your Estate
Being proactive is always the best prevention plan: Estate plans are extremely important and creating one sooner rather than later is always the proper course of action in making sure all your wishes are recorded and followed as you want them to be.
When creating an estate plan with your attorney, obtaining an independent medical evaluation can help confirm mental capacity, reducing the likelihood of challenges based on cognitive decline.
Including a no-contest clause in the will may also deter disputes, though its enforceability varies by state.
Additionally, keeping detailed records of decisions—such as why certain beneficiaries were included or excluded—can provide valuable evidence if the will is ever contested.
What To Do if You Suspect Undue Influence
If you believe a loved one was pressured into altering their will, don’t wait—take action.
Start by gathering any suspicious documents, medical records, or witness statements that could support your claim. Consulting an experienced estate litigation attorney is crucial, as they can help you assess the situation and determine the best course of action. And remember: the sooner you act, the better your chances of protecting your loved one’s true intentions.