Undue influence in estate planning

Undue influence is a common issue in estate planning. It occurs when someone pressures or manipulates a person into changing their will or estate planning documents. 

The person being influenced may be elderly, ill or otherwise vulnerable. As a result, the estate plan no longer reflects their true wishes. Here are some crucial factors to consider. 

Examples of undue influence 

Undue influence can take many forms. It may involve emotional pressure, isolation from others or threats. For example, a caregiver might convince a person to leave them the majority of their estate. This could happen through repeated suggestions or by creating a sense of guilt or fear.

In some cases, undue influence is more subtle. The testator may not even realize they are being manipulated. They might genuinely believe they are acting on their own wishes when, in fact, they have been swayed by someone else’s wishes.

Why does undue influence happen?

People usually apply undue influence to gain financial benefit. It is more likely to happen when a person is dependent on someone for care or emotional support. Those who are isolated or have limited mental capacity are especially at risk. The influencer is often someone close to the testator, such as a family member, friend or caregiver.

There are several ways to help reduce the risk of undue influence. The testator must make decisions free from pressure. Ensuring privacy during discussions about estate planning can help. It also helps to keep clear records of the planning process, including any changes made and the reasons for them.

Family members can play a key role by checking in regularly and staying informed about any major changes to the estate plan. If someone suddenly becomes the main point of contact or receives a larger share of the estate, it may be worth asking questions. Seeking legal guidance can also help prevent undue influence.