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Undue influence: What you need to know

On Behalf of | Oct 8, 2024 | Estate Planning

Have you ever wondered if someone in your life exerts undue influence over you or a loved one? This complex issue could have severe consequences. It may affect personal relationships and financial decisions. It could even lead to legal complications.

Understanding undue influence and recognizing its signs is crucial. Doing so may help you maintain your autonomy and protect your interests.

What is undue influence?

Undue influence occurs when an individual uses their power or authority to manipulate another person’s decision-making process. This manipulation could lead to actions or choices that benefit the influencer rather than the influenced person.

Undue influence may not always be apparent. It could be subtle or gradual. Recognizing the signs is vital in protecting yourself and your legacy.

What are potential instances of undue influence in estate planning?

You may encounter undue influence in various situations related to estate planning. Below are potential scenarios where it might be present:

  • Family dynamics: A family member might pressure you to change your will or trust, favoring them over other beneficiaries. They may also influence you to alter your original intentions.
  • Caregivers: A caregiver, whether professional or familial, may exploit their position to influence your estate planning decisions for their personal gain.
  • New relationships: A recent romantic partner or friend could manipulate you into including them in your estate plan. This could potentially displace long-standing beneficiaries.
  • Financial advisors: An unethical financial professional might use their expertise to persuade you to make estate planning choices that benefit them or their associates.
  • Charitable organizations: Representatives from charities or religious institutions may pressure you to leave substantial bequests to their organizations. This could potentially be against your true wishes.

Undue influence may not always be apparent. It could be subtle or gradual. Recognizing the signs is vital in protecting yourself and your estate.

If you suspect undue influence is at play, consider seeking legal advice. An attorney could help you understand your rights and legal options.

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