3 Examples of Undue Influence
Undue influence is a significant concern in both contract law and estate planning. It involves coercing or manipulating individuals into making decisions that may not align with their best interests. Unfortunately, the elderly are particularly vulnerable to acts of undue influence, especially in estate planning matters.
This issue often arises during the creation of wills. Family members or other individuals may exert undue pressure on someone who is not of sound mind to alter a will in their favor. Accusations of undue influence can lead to family disputes and considerable stress, so all parties must be aware of its potential to avoid complications following a loved one's death.
At StachlerHarmon Attorneys at Law, our probate and estate planning attorneys understand the confusion and dismay that these situations can create. If you're dealing with a difficult will situation, we can assist by lessening the burden in this trying time.
3 Examples of Undue Influence
Recognizing subvert and overt signs of undue influence allows you to combat them more easily and sooner. Here are some scenarios to keep in mind to identify and prevent undue influence in estate planning and other legal matters.
1. The will-maker becomes isolated: In the weeks and months before a person's death, members of the family should check in to see who spends the most time with the person. There have been cases where caretakers or family members oversee all of the family member's activities and prevent the person from making contact with others. This should serve as an immediate red flag.
2. The caretaker benefits the most from the will: Professional caretakers help a person carry out basic tasks, such as bathing and shopping for groceries. Sometimes, caretakers are professional nurses, while other times, they are family members or friends. The person who assumes this responsibility should do it out of pure kindness or for a predetermined fee or salary. It is not unusual for caretakers to receive something in a will, but if this individual receives a suspiciously large portion of the deceased's estate, then it should bring up some alarm.
3. Important family members are not present in the will: Exclusion from a will does not automatically mean there was undue influence. However, if a person's children had a good relationship with their parent and those children are not present in the will, then something is likely wrong. However, there could be other explanations for the exclusion: Perhaps the parent wanted to leave most of his or her assets to charity, knowing the children are financially secure already.
Elements of Undue Influence
Understanding the elements of undue influence is crucial in identifying and proving its occurrence. Let's explore some: These elements generally include the susceptibility of the influenced person, the opportunity for exerting undue influence, and the apparent evidence of pressure or manipulation.
A Susceptible Victim
A susceptible victim is a core element of undue influence because it highlights the vulnerability that can be exploited by those seeking to manipulate or coerce. Susceptibility stems from various factors such as age, mental or physical illness, cognitive impairments, or emotional dependency.
When an individual is not fully capable of making sound decisions, they become an easier target for undue influence. For example, an elderly person suffering from dementia may not have the mental capacity to resist manipulation, which makes them highly susceptible to external pressures.
The presence of a susceptible victim highlights the imbalance of power in situations where undue influence is alleged. It becomes evident that the influencer has an advantage over the victim, enabling them to override the victim's free will.
Legal systems often scrutinize the mental and emotional state of the person at the time of the will's creation or contract signing to ascertain susceptibility. This scrutiny is vital to protecting the interests of vulnerable individuals and ensuring that their decisions are genuinely their own.
Influencer Authority and Opportunity
The influencer's authority and opportunity play a critical role in the context of undue influence. When an influencer holds a position of power or authority over the susceptible victim, it significantly increases the likelihood that their undue influence can be exerted effectively. This power could stem from familial relationships, such as a child or caregiver, or other positions of trust, like financial advisors or legal guardians.
An influencer's authority grants them the ability to dominate or control the victim's decision-making process. This control can take various forms, including emotional manipulation, financial dependence, or even physical coercion.
Moreover, the opportunity to exert undue influence arises from the proximity and frequency of interactions between the influencer and the vulnerable individual. Those who have regular access to the victim are in a prime position to subtly and continuously manipulate decisions in their favor.
For instance, a caregiver who is constantly present in the life of an aging parent may use their position to pressure the parent into altering their will. Similarly, a financial advisor with authoritative control over a client's assets could manipulate the client into making unfavorable financial decisions. The trusted status of the influencer makes the victim more likely to comply with their suggestions or demands, further cementing the undue influence.
Recognizing the elements of authority and opportunity is vital in legal evaluations of undue influence. Courts often examine the extent of control and access the influencer had over the victim to determine whether undue influence was likely present.
Apparent Evidence of Pressure or Manipulation
Evidence can take many forms and serves as tangible proof that the susceptible victim's free will was overridden. Courts typically look for specific indicators that show how the influencer's actions directly affected the decisions of the vulnerable individual.
One common form of apparent evidence is significant and unexplained changes in legal documents, such as last-minute alterations to a will or sudden decisions to transfer assets. Such changes often occur under suspicious circumstances and are usually inconsistent with the victim's previous intentions.
Another indicator can be the influencer's use of isolation tactics, such as limiting the victim's contact with friends, family, or independent advisors. Isolation strengthens the influencer's grip on the victim, making it easier to pressure them into making decisions that benefit the influencer.
Testimonies from those who had been previously close to the victim can help establish a pattern of undue influence by shedding light on the sudden change in the victim's behavior or decisions.
Additionally, emotional manipulation or threats can act as apparent evidence. Influencers might exploit the victim's fears, loyalty, or sense of obligation to twist their decisions. Instances where the victim seemed to act out of dread, guilt, or coercion rather than free will are strong indicators of undue influence. Financial records showing large, unexplained withdrawals or asset transfers also serve as concrete evidence of manipulation.
Medical and psychological evaluations that record the victim's mental and emotional state can offer compelling proof. If professionals indicate that the victim was in no condition to make rational decisions at the time the questioned decisions were made, that information becomes critical in supporting claims of undue influence.
Apparent evidence of pressure or manipulation provides the necessary factual foundation to substantiate allegations of undue influence in court.
Seek Professional Legal Advice
If a loved one has passed away and you're struggling with executing a will, consider contacting a probate and estate planning attorney. At StachlerHarmon Attorneys at Law, we go above and beyond, using a personalized approach to help you solve your case efficiently.
Located in Dayton, Ohio, we serve clients throughout Warren, Miamisburg, Greene County, Clark County, Butler County, and Preble County. Contact us for support that is with you every step of the way.