When your older family members or loved ones are drafting their wills, it is important to be aware of signs of undue influence, particularly if they are close with certain people that you do not believe are looking out for their best interests.
A last will and testament in Virginia states how someone wants their property distributed after they pass away. A will can be challenged based on undue influence if you believe its contents do not reflect the wishes of your loved one.
What is undue influence?
Undue influence is generally defined as using psychological coercion or threats to induce someone into creating a will that does not reflect their true wishes. The influencer essentially deprives the person making the will of their own free choice.
The actions of an undue influencer are often subtle. Watch for these signs of undue influence that your loved one may be experiencing.
Opportunity and susceptibility
The undue influencer must have an opportunity to exercise their undue influence. This normally happens when they have daily or near-daily contact with your loved one.
Your loved one’s age or health condition can make them more susceptible to undue influence. Age, cognitive decline or any medications increase their susceptibility to being influenced by someone whose motives are not in their best interest.
Isolation
Watch for signs of isolation from family and friends. If the alleged undue influencer is with your loved one often, pay attention to small details, such as how often they let you speak directly with your loved one.
Excuses, such as your loved one feeling ill and not being able to speak on the telephone or not being up for visits, are a sign of possible undue influence.
Major estate plan changes
Sudden and drastic changes to an estate plan are another sign to watch for. An undue influencer is usually someone who would benefit from the changes.
For example, if your loved one always intended their estate to be distributed equally among their children and they are now leaving it only to one person, this is a drastic change that should be examined.
These are just a few signs to watch for. If a loved one has passed away and you believe their will does not reflect their wishes, it may be time to act.