What Is Undue Influence?
Undue influence refers to how much pressure one person puts on another to do something of particular legal significance. Undue influence most often arises when a person is drafting a will or entering into a contract. Courts will find that someone drafting a will was subject to undue influence if they gave into the pressure and did not make the will based on their actual intentions. What Are Some Signs of Undue Influence?
A person who is exercising undue influence will often: - Urge a change in the will's language to strongly favor himself over others
- Exclude other relatives or friends from participating in meetings with the estate planning attorney
- Participate heavily in the drafting of the will
- Have a special or confidential relationship with the person making the will
Also, a person who is subject to undue influence will often be susceptible to pressure because of a deteriorating mental state brought on by age or disease. What Are the Consequences of Undue Influence?
If a person is successful in putting undue influence on a person drafting a will, family members who inherited little or nothing will file a will contest. Furthermore, if the will contest is successful, a court will find the will invalid. Do I Need an Estate Planning Attorney?
If you have an undue influence problem, speak to an experienced estate planning attorney immediately. The laws involved in proving undue influence vary from state to state and can be very complex. An estate planning attorney can advise you about the problem and guide you though the legal process if you file a lawsuit. |
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