How does undue influence in estate planning occur?

On Behalf of | Jan 29, 2025 | Estate And Trust Administration

Undue influence is one of the grounds on which specific people can challenge a person’s will or estate plan. Typically they do this when they think someone has persuaded the person making the estate plan to alter things in their favor. But how does undue influence occur and can anyone be accused of it?

Let’s say your father leaves your brother a much larger share of their will than you get. Or you discover that your father has decided to leave most of their estate to the local dog rescue center rather than you and your sibling. Just because you feel this is grossly unfair does not mean you should claim that undue influence was at play.

Power

There needs to be an imbalance of power in the relationship that permits the party to influence the testator’s decision. For example, the owner of the dog rescue center threatens to expose your father’s dark past and ruin his legacy creating problems for the family unless the charity receives the bulk of the estate. Your father may have felt powerless to resist.

Opportunity

There also needs to be opportunity. Maybe you feel your brother manipulated your father ever since you were young children. That’s why it was always you that got the blame for fights, and never your brother. Yet, you’d struggle to show your brother had the opportunity to exert undue influence if they have lived 300 miles away for the past 30 years, rarely seeing your father, whereas you stayed close by and saw your father every week.

One of the most common scenarios where undue influence is alleged is when one person spent a lot of time caring for the testator before they died. They have power because the person was unable to care for themself so depended on them. They had the opportunity, because of how much time they spent alone with the deceased during which they may have gradually persuaded the person to favor them in the estate plan.

Have someone with the necessary legal experience review your case before you start making accusations if you believe undue influence has prevented you from getting what you were due.