How to Spot Signs of Undue Influence

Preparing a will or estate plan is an important aspect of protecting assets. If a loved one is going through this process, some family members may worry whether the person has the mental capacity to prepare these documents or if they have been under undue influence. If there are suspicions that the latter is the case, knowing how to spot signs of undue influence can help you take action to protect your loved one and their assets.

At Southern Estate Lawyers, our team of Alabama attorneys can help you with any estate planning issues you may have. Because we know how difficult recognizing undue influence is, and that most people are not sure what legal options they have, we’re ready to guide you through this process.

Contact our estate planning lawyers at (251) 444-7000 to schedule a consultation. 

What Is Undue Influence?

Understanding the Problem and Why It’s Difficult to Spot

For a will, trust, or any other estate planning document to be valid, it must have been created freely, under the party’s own volition, and willingly. Undue influence occurs when another person supplants the testator’s free will with their own. This can be done through coercion, trickery, fraud, or deception, and it’s more common than people realize.

Undue influence can arise in any type of relationship, but it typically occurs in situations when there is a power imbalance or vulnerabilities. Circumstances involving elderly parties, predatory marriages, or domestic violence are all more likely to result in undue influence.

Influence on its own is not enough to have an impact on the validity of a will or other estate planning arrangements. A person is allowed to offer advice and encourage someone else. Even begging them to do something doesn’t mean undue influence occurred. The deciding factor is whether the testator doesn’t want to do something but feels enough pressure that they buckle to the other party’s wishes.

Our team has more than 30 years of combined legal experience, and we’re effective trial attorneys who can provide the support you need. 

Recognizing Signs of Undue Influence

If you suspect a loved one is or was under undue influence when they prepared their will or other estate planning arrangements, including trusts, it’s important to know what that kind of influence can look like.

Sudden Changes

One of the most common signs that points to undue influence is seeing that your loved one has suddenly decided to change who the beneficiaries are. Another similar issue is if they abruptly decide to grant someone else power of attorney. It’s important to keep a close eye on any new individuals who may have come into the person’s life if they’re suddenly given legal power over your loved one.

Inconsistent Decisions

If new documents vary considerably from what your loved one has previously stated as their wishes or what previous documents say, that can point to undue influence, too. If, for example, they gave a lot of money to charity and were planning on leaving a significant amount to a particular cause, but they suddenly change their mind and no longer want to support the charity, that could be a warning sign.

If they make decisions that are unusual or that go against what they usually prefer, then that, too, should lead you to look a bit closer at any new people in your loved one’s life. Keep in mind that there might be legitimate reasons why the person changed their mind, so doing a thorough investigation into the problem is essential.

Isolation

One of the tactics that someone may use to influence another person is to isolate them from their loved ones. Do other family members or friends have access to the person? If not and you hear in a roundabout way that your loved one has made changes, that’s a significant red flag. If you visit your loved one, are they always monitored, or are talks cut short? Look closely at the people around them and see if there are new friends that may be keeping a tight rein on them.

Mental Capacity Problems

If a loved one is not mentally capable of making estate planning decisions but they’re being encouraged to do so by another party, that can point to undue influence. Someone who is experiencing mental decline is much more susceptible to coercion, and, unfortunately, that’s a common issue. At an average age of 70, two out of three people in the United States experience some degree of cognitive impairment.

Physical impairment can also be a factor. If a loved one depends on someone else for everyday tasks, they can more easily be influenced and pressured into making decisions they would otherwise not have made.

Unusual Relationships

If you begin to notice unusual relationship dynamics or people who were casual acquaintances suddenly becoming indispensable to your loved one, pay close attention to whether there are any changes to previous arrangements. Although it’s a cliche, if a much younger person has suddenly begun a romantic relationship with your much older loved one, that’s a warning sign.

Protect Your Loved One’s Wishes With an Estate Attorney

Southern Estate Lawyers Can Help

If you’re concerned that a loved one may have been under undue influence when they made changes to a will or other document, it’s important to address the problem as soon as possible. Bringing up your worries requires having evidence to back up what you claim, which means relying on lawyers who can help you through the process.

At Southern Estate Lawyers, our team of Alabama estate planning attorneys can help you investigate the circumstances surrounding the creation of the various arrangements you’re questioning. We are trial lawyers, and we’ve handled a variety of cases dealing with trust and estate disputes, so we know how to tackle them effectively. Don’t wait to raise your concerns and protect your loved one’s assets.

Contact our team of estate planning lawyers by calling us at (251) 444-7000.