In an estate planning context, undue influence occurs when someone pressures or manipulates an individual to change their estate plan. As a result, the plan may no longer reflect the person’s true wishes. While the changes or updates may appear valid—they are officially made and documented by the elderly individual—they can still lead to estate challenges. Other beneficiaries may believe the plan is effectively incorrect due to coercion or manipulation.
The specific methods used to exert undue influence vary depending on the situation. Below are a few examples.
Withholding care
Undue influence is often a concern when a primary caretaker has significant control over an elderly individual. For instance, if a caretaker threatens to withhold essential care and assistance unless they receive a larger share of the estate, the elderly person may feel they have no choice but to comply, even if the changes don’t align with their true intentions.
Lies and manipulation
Another common tactic involves spreading falsehoods about other beneficiaries. For example, someone may falsely claim that another beneficiary has a drug addiction. These lies can be used to manipulate the elderly individual into cutting that beneficiary out of the will. The goal is often to create a rift that leads to changes in the estate plan favoring the manipulator.
Financial gain
Undue influence typically centers around personal financial benefit. A telltale sign may be last-minute changes to a will or estate plan, particularly if significant financial assets are suddenly redirected to one individual. This can be a red flag that undue influence has occurred.
Understanding your legal options
If you suspect that undue influence has altered a loved one’s estate plan, it’s critical to explore all legal options. This can be a complex and emotionally challenging situation for your family, especially during an already difficult time.
