Undue influence in estate planning refers to a situation where one party, such as a relative or an attorney, applies undue pressure or manipulates another person into leaving their wealth for them using their will. Typically, the affected person is vulnerable, such as being elderly or ill. They may also have developed a close relationship with the influencer. Directing someone’s mind involves forcing and terrorizing them to disrupt thinking leading to unsound decisions.
In this article, we are going to explore some of the symptoms of undue influence among family members and caregivers. This knowledge ensures fair distribution of assets in estates while protecting those who might be at risk.
What Do I Need to Do to Prove Undue Influence
For one to challenge a will based on undue influence they must present evidence in probate court showing that the will does not reflect what the deceased wanted. Below are some factors that you should consider:
- Unexpected Property Distribution: Surprise and non-sensical distribution of property.
- Deceased’s Vulnerability: There might be indications of decline due to age, illness, or other mental problems that make death imminent.
- Special Relationship: The influencer could have had a personal attachment undisclosed from others during the life of the decedent.
- Influencer’s Use of Position: It is possible that he/she controlled their decisions through power vested upon him/her by law.
- Influencer’s Benefit: The terms were part of it so that he/she gains something valuable from it.
Undue Influence Indicators
Signs that someone might be exerting excessive influence include:
- Hidden Changes: A sudden and weird change in the wills that favors one person and who has any chance of having controlled the testator’s life or kept his/her family away from this process.
- Active Participation: If the influencer helped prepare the will or controlled the testator’s life
Can Undue Influence Invalidate a Will
Evidence of undue influence can render a will invalid. Therefore, several factors should be taken into consideration including whether there was undue influence by witnesses or beneficiaries, how the will was created, and testamentary capacity.
Ways to Fix Undue Influence
Possible remedies may include:
- Invalidate the Will: The will can be declared invalid. If there’s a valid previous will, it may be used.
- Apply Intestacy Laws: If no valid previous will exists, the assets will be distributed according to intestacy laws.
- Redistribute Assets: The court may strike out the parts of the will benefiting the wrongdoer and redistribute assets according to intestacy rules.
Penalties for the Influencer
Penalties under state law for undue influence are as follows:
- Invalidation of the Will: The will is invalidated, and all rights or inheritance become forfeit by an influencer.
- Punitive Damages: The court may award additional damages or punishments.
- Criminal Charges: Criminal charges may apply if fraud or financial exploitation is involved.
Do I Need an Attorney
Handling of undue influence in will contests is a complicated task that typically necessitates the assistance of a probate attorney. Below is why you may have to hire one:
- Managing Will Contests: Legal intricacies involved in challenging or defending a will are well-known to probate lawyers.
- Legal Presentation: Familiarity with court processes gives them an edge in representing your case.
- Asset Distribution: They oversee the distribution of assets belonging to the deceased as per their wishes or applicable legislation and help resolve legal disputes.
What Happens if You Prove Undue Influence
If undue influence is proven, the court will invalidate the last will. Then, the court will distribute assets according to intestacy laws. Additionally, the court will remove benefits for wrongdoers, while keeping other provisions of the will intact.
Probate Proceedings
You would present evidence and witnesses in support of your claim that there was undue influence on your part within a probate court. The court will then determine whether such actions were influenced by this person and whether they affected the testator’s decisions. Consequently, this will help decide if the document must be invalidated.
An Example of Undue Influence by Family Members
Here’s an illustration featuring two sisters named Susan and Emily:
- Historical: Susan has always been at odds with her sister Emily. Their father and mother, Mr. and Mrs. Johnson, are becoming old and weak.
- Illustration of Undue Influence involving family members: Susan sought control by isolating their parents from others. She limited their communication and monitored emails without discussing financial matters with Emily.
- Cutting Ties Off: This leads to closure with Mr. & Mrs.Johnson hence they end up being controlled solely by Susan while information flow too gets manipulated by her following the cessation of interaction with Emily.
- Coercive Control: Susan creatively manipulates her parents into making a will that benefits her by portraying Emily as a negative person.
- Influence on Estate Planning: Therefore, Susan persuades the mother and father to remove Emily from their will and grant her decision-making authority.
- Denial of Information Access: As such, Susan does not allow Emily to access vital financial data that could help her unearth corrupt practices within the document.
- Legal Consequences: If proven, this constitutes undue influence. Emily can challenge it in probate court with the evidence she has presented against Susan.
An Example of Undue Influence by a Caregiver
Abuse of a Caregiver’s Trust
There are certain signs that can show this behavior when a caregiver uses undue influence on an elderly or infirm person to his own advantage. Below are the signs:
- Separation tactics: The old person does not reach friends and family as the caregiver visits regularly for more dependence.
- Controlled entrance: The caregiver monitors interactions between the elderly person and others, controlling who meets with them and when.
- Managing wealth: Sometimes, carers take over the wealth of these old people leading either to fraud or misappropriation.
- Will alteration coercion: Caregivers often force wills on older individuals against their will, causing improper influence.
- Instigating dependency: That only through them will one be able to recover is what such a caretaker makes an elderly believe hence making decisions concerning its divisions.
- Behavior manipulation: Caregivers manipulate behavior to alter financial asset distributions, ensuring they control the remaining property after the individual’s death.
- Legal burdensome involvement: Caregivers complicate legal issues by involving themselves excessively in court matters before they are necessary.
Conclusion
Undue influence in estate planning undermines the true intentions of vulnerable individuals. Consequently, when a relative or caregiver manipulates a person, it disrupts fair asset distribution.
Therefore, understanding the signs of undue influence is crucial for protecting vulnerable individuals. By identifying these signs, you can ensure that estate plans are both fair and reflective of the deceased’s true wishes. Ultimately, recognizing and addressing undue influence is essential for maintaining the integrity of estate planning.
In summary, proving undue influence requires clear evidence in probate court. Effective legal representation can make a significant difference in such cases. Ultimately, recognizing and addressing undue influence is crucial for safeguarding the integrity of estate planning.
