When someone has an estate that will eventually pass to others, there are often concerns from both the grantor and potential beneficiaries about what will happen. It's one thing to be concerned, but this problem can cross the line and turn into what is legally known as undue influence. Let's look at what undue influence is, how to recognize it, and what an estate planning attorney might do to combat it.

Definition

Estate law considers actions to constitute undue influence when someone attempts to substitute their interests for the will of the estate's grantor. Generally, undue influence has to come from someone in a position of authority, such as an estate planning lawyer or a person who has a confidential relationship, such as a romantic partner, nurse, or adult child. The influencing party has to take or encourage some sort of action to modify the estate, such as changing the will or encouraging a cognitively or emotionally impaired grantor to do so.

Recognizing Undue Influence

It can be hard to identify undue influence, especially if it comes from a loved one. People can and do comment on what will happen with their interest in an estate, and doing so is not considered undue influence in its own right.

Generally, radical changes to wills and trusts are the first signals that undue influence is present. This is particularly worrisome when the changes run counter to everything that is known about the grantor's intention up to that time. If a grantor happily wanted their adult children all to have a piece of their estate only to suddenly change the will in favor of a new spouse, that would be a red flag that there might be undue influence.

As a grantor, you can recognize possible undue influence based on what someone is asking you to do. Presuming you haven't been declared a ward due to incapacitation, other parties shouldn't be overly interested in what your estate looks like. Anyone who is regularly interested in seeing changes may be unduly exerting influence.

How to Respond

The biggest thing you can do is to contact an estate planning attorney and make sure all your documents are in order. If you have concerns about specific people trying to influence the estate, make sure your lawyer and the executor are aware of these issues. The attorney can make a few written notes and hold onto them in case a problem emerges after you have passed or if you are incapacitated.