Imagine learning that your loved one’s will has changed dramatically in their final days. You’re shocked to discover that a caregiver or distant relative now stands to inherit most of the estate. This unsettling scenario often signals undue influence. Unfortunately, it happens more than you think.
What is undue influence?
Undue influence happens when someone pressures the testator, person making the will, to change their decisions about their estate. This pressure overrides the testator’s free will, resulting in a will that doesn’t reflect what they truly want.
Some signs of undue influence include:
- A person gaining control over the testator
- Isolating the testator from family and friends
- Sudden will changes, especially near death
- Unexplained gifts or property transfers
- Signs the testator depends on someone else
Recognizing these signs helps protect the integrity of a person’s final wishes.
Impact of undue influence to a will
Proven undue influence can significantly impact a will’s validity. Courts take these claims seriously because they threaten testamentary freedom. In other words, it impacts your right to distribute your property.
Undue influence can lead to:
- Full or partial invalidation of the will
- Removal of specific bequests
- Court-ordered asset redistribution
- Potential criminal charges for the influencer
Proving undue influence often requires solid evidence and expert testimony. However, when proven, these cases ensure the deceased’s true intentions are honored. So, if you suspect that a loved one’s will is being manipulated, consider speaking to a local estate litigation attorney now to prevent undue influence from affecting your loved one’s will.
