It is not always a legal issue if someone has an influence over another person’s estate plan. For instance, an elderly parent may intentionally discuss the estate plan with their beneficiaries, looking to get feedback so that they can create a plan that works well for their family.
Undue influence, on the other hand, occurs when that person has an excessive level of influence, often meaning that the estate plan no longer reflects the wishes of the elderly person. Some of the key elements include the vulnerability of that individual, a potential position of power held by the influencer and other aspects of manipulation.
How could this occur?
For example, say that an elderly person needs assistance with their medication and tasks around the house. They’re still able to live independently as long as someone helps them with these things.
An adult child steps in and takes on this responsibility. They help administer the medication, run errands, assist with meals and much more. At first, it appears to be a simple and amicable arrangement where they are providing assistance to their parent.
However, at some point, that adult child tells the elderly person that they’re going to stop providing assistance unless they’re given 75% of the person’s estate. Not wanting to move into a nursing home and worrying about being able to take the proper medication on their own, the elderly parent adjusts their estate plan. They take assets away from other beneficiaries and transfer most of them to this caregiver.
In a situation like this, because the elderly person has been manipulated and their estate plan no longer reflects their true desires, other beneficiaries may be able to challenge the plan on the grounds of undue influence. Those who find themselves in this position need to know what legal steps to take.