Wills and other estate planning documents are supposed to reflect the wishes of the creator. A will, for example, sets out how assets should be distributed upon the testator’s death.
While other people can benefit from the estate and guide the testator in certain ways, nobody can pressure the testator to draft specific terms. Pressuring a testator to make specific changes to a will is referred to as undue influence. How does this happen and what can be done about it?
What to look for
The first step in dealing with undue influence is to recognize that it is happening. Things to look out for include last minute changes, changes that favor one beneficiary at the cost of others, or changes to a will that in no way reflect previous wishes.
For example, has a previously distant relative become less distant in recent months? Have they suddenly been included in the will when they were not previously. This could be legitimate, but it’s also a sign that undue influence may have occurred.
Another example may involve caregivers. Has your loved one received daily care from someone outside of the family? Have they suddenly been included in the will at the expense of family members. This could be legitimate, if your loved one has genuinely formed a strong bond with the carer. However, the carer is already paid for their services and they should not assert any pressure to be included in the will.
Making a will contest
If you suspect that a loved one lacks the mental capacity to draft a will or make changes, or, if you suspect undue influence, then you can contest the will. This is not a decision to take lightly, but it’s one that may be in the best interests of your family member. After all, you want their estate plan to truly reflect their wishes.
Before taking any definite steps, it will be highly beneficial to seek legal guidance.
