What is undue influence in an estate planning situation?

On Behalf of | Apr 11, 2022 | Estate Planning |

Estate planning often covers many important matters related to a person’s assets, will, and so on. Because of that, people sometimes covet control over an estate or the grantor who heads it.

In these situations, undue influence and other forms of manipulation against a grantor may occur. It is thus important to know how to identify this when it occurs, in order to take prompt action.

Gaining control over the estate

According to Cornell Law School, undue influence often occurs between two parties involved in an estate. One party is the manipulator, though several people can play this role at once if multiple people are working together to the same end. The other party is the victim, usually the grantor of a will and estate plan.

The goal of the manipulator is to gain control over the estate in some way, either in order to have a larger share of power or in order to gain more from the will in terms of assets.

It is sometimes hard to notice red flags for this sort of manipulation. One of the first signs often emerges when a manipulator refuses to allow others to interact with their target. They often do this in order to isolate them, removing the potential influence and clarity of outside opinions and perspectives.

Red flags to look for

Another red flag involves sudden changes to a will or an estate plan, especially if these changes all involve the same person. For example, it is suspicious if someone not that close to the grantor suddenly gets named on their life insurance policy along with becoming executor of the estate. Keeping an eye out for these changes can make all of the difference.