When someone makes an estate plan, it is important that they are not influenced by outside sources or individuals. They need to have the free will to draft the estate plan exactly the way that they want.
If someone else manipulates them or convinces them to make alterations to that plan, or to draft the plan in a certain way, this can lead to claims of undue influence. This will sometimes lead to estate disputes after a person passes away, as other beneficiaries may claim that the plan does not accurately reflect their true wishes.
A position of power
In order to manipulate someone, another individual is often in a position of power. They use this position to alter the estate plan, typically in a way that favors them.
For instance, perhaps a parent initially wrote an estate plan that left all of their financial assets to their three adult children. These children knew what the plan said and had discussed how assets should be divided.
As that parent aged, they hired an in-home caregiver to provide assistance. When the parent passed away, the children found that last-minute alterations had been made to the estate plan, directing a significant portion of the assets to the caregiver and away from the direct descendants.
Those beneficiaries may argue that the caregiver abused their position of power. Perhaps they threatened to withhold the care that the elderly person needed if they were not included in the estate plan.
Navigating estate disputes
Estate disputes revolving around undue influence, among many other factors, can grow both complex and contentious. Those involved need to know exactly what legal steps to take.