Estate Planning: Signs of Undue Influence

Conflicts are the last thing anyone wants after a family member passes away. But sometimes, disputes arise during the estate settlement process when a beneficiary contests the validity of the deceased’s will. They may argue that the will-maker wrote the will under pressure from someone else. This is called undue influence in estate planning and can lead to litigation in Arizona.

There are many ways a person could exert undue influence on someone else’s estate plan, especially when it comes to older adults. Financial exploitation is one of the most common forms of elder abuse, and it can be difficult to undo the damage without help from an experienced attorney.

The Arizona estate planning lawyers at Brown & Hobkirk, PLLC have helped many families resolve undue influence claims. If you have concerns about your loved one’s will, call or contact us today for a free case review.

What is Considered Undue Influence?

In Arizona, undue influence occurs when someone manipulates another party into changing their will or estate plan in a way that no longer reflects the owner of the estate’s wishes. Instead, the will reflects the wishes of the other party, usually to their financial benefit. For example, if someone at a nursing home manipulates a resident into making the other party the beneficiary of the resident’s will, that would likely be considered undue influence.

Warning Signs of Undue Influence

Older adults may have diminished testamentary capacity, or the mental ability to make a valid will. Without capacity, will-makers are particularly vulnerable to undue influence from bad actors. Some of the warning signs of undue influence include:

• Isolation – A once active/outgoing loved one withdraws from communicating with family and friends. They may not be allowed to speak to family members or see visitors without supervision by the person seeking to influence them.
• Excessive involvement – The influencer becomes closely involved in drafting a will or estate plan.
  Playing favorites – Watch for a paper trail pointing to potential favoritism of certain family or friends through the creation of gifts that don’t make sense. An example of undue influence in this scenario would be sudden changes of the will to benefit the “favorite” person over everybody else.
• Reliance on the influencer – Look for red flags such as the will-maker expressing a sense of dependence on the influencer before making estate planning decisions.
• Inconsistencies – Previous versions of the will may seem vastly different from the wishes expressed in the most recent will. Sometimes there are logical explanations for drastic changes. In other cases, the decisions may be due to undue influence.

How Do You Prove Undue Influence in AZ?

Proving undue influence in estate planning disputes can be a significant challenge, especially if the will-maker is deceased or cannot clarify their intentions. These disputes can quickly devolve into a case of “he said, she said.”

The best way to prove undue influence in an estate planning dispute is to seek help from an experienced attorney. A knowledgeable estate planning lawyer could help determine whether the documents are valid and develop a strategy to prove undue influence played a role in their creation.

Consult with an AZ Estate Planning Attorney for More Information

The Arizona estate planning attorneys at Brown & Hobkirk, PLLC want to see your loved one’s final wishes honored as they intended. Contact us by phone or online for a free consultation* today.