Estate planning helps ensure that your assets go to the right people after your passing. However, this can only happen if your true wishes are reflected in your estate planning documents.
Unfortunately, some individuals exploit vulnerable people to manipulate their will or trusts. This is known as undue influence, and it can lead to unfair distributions and legal disputes. Below are some common types of undue influence in estate planning.
Family pressure
Family members often have the most access to aging or ill relatives. Some may use this position to pressure a loved one into changing their estate plan. This could involve emotional manipulation, threats or even isolating the person from other family members. The goal is to gain a larger share of the inheritance or exclude others from receiving assets.
Caregiver manipulation
Elderly or disabled individuals often rely on caregivers for daily needs. In some cases, caregivers use this dependency to exert control. They might convince the person to rewrite their will in their favor by offering extra care, withholding assistance or making false claims about family members. This type of influence can be difficult to detect, as caregivers often have significant control over the individual’s environment.
Undue influence isn’t always subtle
Some individuals use direct threats or coercion to manipulate estate plans. Family members, caregivers or others in positions of power may pressure a vulnerable person by threatening to withdraw care, evict them or cut off financial support unless they change their will.
Unlike subtle manipulation, this form of undue influence often leaves evidence, such as messages or witness accounts.
Undue influence has no part in estate planning, and an estate plan must reflect only the true wishes of the creator. If you suspect undue influence, it may be in your best interest to seek legal guidance.