Undue influence occurs when someone uses their power over another person to alter their decisions, often in estate planning. This manipulation can lead to unfair distributions in a will or trust, where the influencer benefits at the expense of the rightful heirs. Protecting against undue influence ensures your estate reflects your true wishes.
1. Choose the right executor
Select an executor you trust entirely. This person will manage your estate and ensure your instructions are followed. Look for someone with integrity who understands your wishes and family dynamics. If you worry about family conflicts, consider appointing a neutral third party, such as a professional fiduciary.
2. Maintain clear communication
Openly discuss your estate plan with your beneficiaries. Share your reasons for decisions to avoid misunderstandings. Clear communication reduces suspicion and helps family members understand your intentions. Document these discussions and keep records of your planning process to strengthen your estate plan’s validity.
3. Regularly update your estate plan
Life changes, such as marriages, births, or deaths, can impact your estate plan. Regularly review and update your documents to reflect your current wishes. Each update should clearly state your mental capacity and intent, reducing the chance of future claims of undue influence.
What happens to an estate plan if there is undue influence?
A court will examine the case closely if someone contests your will or trust due to undue influence. The court may invalidate parts of your estate plan if it finds evidence of manipulation. This process can delay the distribution of your assets and cause emotional and financial strain for your loved ones. Ensuring your estate plan is free from undue influence can protect your family’s legacy and provides peace of mind.