Creating a will is a deeply personal matter that requires a considerable amount of thought and difficult decisions. However, these matters can grow contentious after your passing if there are accusations that undue influence has impacted your will. If you are unsure what this means or how it occurs, you’ll want to keep reading. In addition, the following blog explores why connecting with a Long Island estate planning lawyer is critical to ensuring your estate plan reflects your wishes.
What Is Undue Influence?
Undue influence occurs any time someone in a vulnerable position is manipulated by another person. In general, this means that they would act or make decisions outside of their nature, particularly ones that benefit the person who is manipulating them. This is most commonly seen in estate planning, as someone may persuade an elderly, mentally ill, or dependent individual into giving them greater control through their estate plan. Essentially, anytime someone with power exerts influence over another person for their own benefit, it can constitute undue influence.
For example, if the elderly creator of a will has three children, and one of them is responsible for their daily care, that person, as their caretaker, could potentially attempt to influence the decisions of their parent. For example, they may convince the parent to alter the will so they get a greater share of assets than their siblings. The parent, who is elderly, may not fully understand what they are doing or even agree with it, but because it is coming from the person tasked with their daily care, they may trust them enough to agree to the changes.
How Is This Proven in Court?
Due to the nature of wills and their creation, proving undue influence can be difficult, but not impossible, to do. In general, the first thing someone who wishes to contest the validity of a will on the grounds of undue influence must show that the creator of the will was susceptible to outside forces. This generally entails showing that they were in a vulnerable state, such as being elderly, having a mental disability, or being entirely dependent on the person accused of exercising influence over the will’s creator.
Once the power imbalance has been established, those looking to challenge the validity of the will would need to provide evidence that this occurred. This often comes in the form of testimonies that the decisions made by the testator before their passing were unreasonable or out of character. For example, if someone who was disinherited suddenly receives a large portion of the estate following the passing of the will’s creator, this could be used to help support the claims.
As you can see, accusations of undue influence can be difficult on the beneficiaries of an estate. That is why working with an experienced attorney to help draft your will is critical. By ensuring your wishes are documented, you can help provide peace of mind that they will be honored in the future. Additionally, your attorney can help ensure that, should any drastic changes in your will occur, it is clearly documented that it is your decision and you are not being influenced by others. When you are ready to create your will, contact the team at Barrows Levy PLLC today to learn how we can assist you.
