Understanding Undue Influence

This article delves into the potential impact of undue influence claims on your estate plan. Our goal is to ensure that your estate plan reflects your true intentions and maintains family harmony after your passing.

Undue influence occurs when someone persuades another person to the point where it overrides their free will. It’s crucial to differentiate between acceptable influence and undue influence, which can lead to legal challenges of your will.

Consider these steps to protect your estate plan from undue influence claims:

• Utilize a Revocable Trust: A revocable trust, often referred to as a “living trust,” is a legal entity you create to hold and manage your assets. The primary advantage of a revocable trust is that it allows your estate to bypass the probate process upon your death. Probate can be time-consuming and expensive, and it makes your estate matters a matter of public record. A revocable trust offers privacy and can be more difficult for disgruntled heirs to contest, thus providing a stronger shield against undue influence claims.

• Verify Competency: To prevent claims that you weren’t mentally capable of making informed decisions about your estate, it’s crucial to establish and document your mental competency. This can be done by having a physician examine you close to the time you sign your estate planning documents. The physician’s report should affirm that you are of sound mind, understand the nature and extent of your property, and comprehend the consequences of your estate planning decisions.

• Prevent the Appearance of Undue Influence: To avoid any suspicion that someone may have coerced or unduly influenced your estate planning decisions, it’s important to maintain independence throughout the process. This means preparing your will and other documents without the presence or input of those who stand to benefit from your estate. It’s advisable to work with an attorney who can ensure that the process is free from interference and that all legal formalities are observed.

• Communicate with Family: Open communication can often prevent misunderstandings and disputes over an estate. If you’re making decisions that might surprise or upset some family members—such as disinheriting someone, providing unequal shares, or leaving significant assets to non-family members—it’s wise to explain your reasoning. This can be done in person, through a written statement, or even within the estate planning documents themselves. Understanding your motives can help family members accept your decisions and reduce the likelihood of legal challenges.

• Strengthening Your Estate Plan: To further protect your estate plan, consider including a no-contest clause. This clause states that if a beneficiary contests the will or trust and loses, they will forfeit any inheritance they might have received. However, it’s important to leave something to potential challengers to discourage them from contesting the will, as they would have something to lose.

By taking these steps, you can help ensure that your estate plan accurately reflects your wishes and minimizes the risk of it being overturned due to claims of undue influence. If you have any concerns or need to make updates to your estate plan, it’s always best to consult with a qualified estate planning attorney. They can provide personalized advice and help you navigate the complexities of estate law.