In the context of estate planning, what does the term “undue influence” mean?
When someone prepares a last will, the odds are that their loved ones will be aware of what it says. After all, defining objectives for your heirs and recipients is an important part of efficient estate planning. In rare circumstances, however, the provisions of the Will surprise the decedent’s loved ones. What, for example, caused the testator to reconsider distributing the inheritance between his children and grandchildren? The new caretaker, who had only been hired a few months before the person died, walked away with a sizable portion of the estate—far more than some of the testator’s relatives. That circumstance, more or less, isn’t unheard of. When those who knew the decedent well are taken aback by Will’s provisions, it’s a good sign. Signs of Excessive Power Undue influence frequently results in a decedent’s Will being riddled with ambiguous phrases. Here are some signs that someone you care about is being overly influenced: The testator’s mental ability has deterior...