Estate planning is done so you can make your wishes known. This includes outlining how you want your assets distributed after you pass away. There are many things that go into creating this plan, and many requirements for people who are handling his matter.
Every component of an estate plan should be set based solely on your wishes. There’s a chance that undue influence is occurring if someone else persuades you to set certain terms in a way that doesn’t reflect your wishes.
Undue influence involves several factors
Undue influence occurs when someone uses their authority or the fact that you trust them to manipulate you into changing your estate plan or establishing terms that aren’t what you want. This is more than simple persuasion. It’s emotional pressure or coercion that overrides your free will.
In some cases, the influencer may isolate the person from their family, use guilt, withhold care or avoid providing affection as a way to control the estate plan. When this occurs, the estate plan will often begin to overly and unexpectedly favor the person who’s exerting the undue influence.
Estate plan challenges can result from undue influence
Undue influence is one of the causes of challenging an estate plan. If the court finds that undue influence was present, the will or trust can be deemed invalid. At this point, the estate could be handled under the terms present in an earlier estate plan or based on the state’s intestate laws if there wasn’t ever a valid plan.
It’s critical that anyone who’s creating an estate plan is setting things up based on what they want. If undue influence is suspected in an estate plan, legal action may result. In all cases, seeking the assistance of someone who’s familiar with these matters may be beneficial.