When you know a loved one is creating an estate plan, you want to make sure the estate plan reflects their true wishes and they are not the victim of undue influence by an unscrupulous family member or loved one.
Alternatively, if you are the one creating an estate plan, it is important to look for signs of undue influence from family members who stand to benefit from your estate plan. Although it is best to have family members help with the estate planning process, if you start to feel ignored or that your wishes are not being heard, you might be experiencing undue influence.
Family dynamics are often complex, especially in an estate planning context. Disputes and complications may arise, but this does not always mean undue influence is involved. However, the presence of any of these factors are warning signs of undue influence.
Coercion and control
A family member who consistently urges you to make choices that only benefit them is a major red flag. This family member might combine this pressure with speaking poorly about other family members, trying to get you to favor them.
Additionally, look for signs of manipulation or control tactics. In addition to pressure, threats or emotional manipulation are signs that the family member could be trying to influence your decisions.
Isolation
Isolation is another common sign of undue influence. A family member who tries to isolate you from others could impact your mental state and make it harder for you to communicate the problem to others.
This isolation can also prevent others from speaking with you. The person attempting to unduly influence you might tell others that all communication must go through them or that you are unable or unwilling to speak with them.
Physical and mental decline
Stay aware of your physical and mental health. Sudden physical and mental decline during the creation of an estate plan makes a person more susceptible to undue influence.
If you are experiencing physical or mental issues, seek appropriate medical attention to obtain any diagnoses that could influence your ability to make decisions. Talk with trusted family members about the situation so they know that you may be susceptible to undue influence. Consider working with a trusted professional on your estate plan, as well.
Proving undue influence
A person who contests a will has the burden of proving undue influence in court and this can be challenging. They must show by clear and convincing evidence that undue influence occurred.
Arkansas courts consider various factors in this situation, including the signs mentioned above.
Do not let the fear of undue influence prevent you from involving your family members in your estate planning. Family members participating in the estate planning process can often lighten the burden on you and talk through decisions with you, helping you make choices in the best interest of your beneficiaries.
But being aware of undue influence and the signs to watch for allows you to act quickly and properly to address the issue. This reduces conflicts and the chance for a will contest or dispute over your estate after you pass away.