The Importance of Your Will and the Impact of Undue Influence
- Rikesh Wadhwa
- Aug 2, 2024
- 2 min read
Your Will is a crucial document that outlines your wishes for the distribution of your estate. As the Testator, you have the power to decide who will receive your assets and designate who will be responsible for ensuring your wishes are carried out.
What Is Undue Influence?
Undue influence occurs when someone exerts pressure over you to decide how your estate should be divided, overriding your own choices. While undue influence can come from anyone, it is most commonly seen in cases involving individuals who have a close relationship with the Testator, such as family members or caregivers.
Establishing Undue Influence
To prove undue influence, it must be demonstrated that coercion was present when the Will was created. The key factor is whether the Testator’s free will and decision-making were compromised by strong external pressures. If undue influence is proven, the Will can be declared invalid.
Recognizing Undue Influence
Undue influence is not always easy to identify, as it involves subtle forms of coercion or manipulation. Common signs include:
Emotional Manipulation: The Testator may be subjected to guilt, fear, or emotional pressure from a close relative or caregiver.
Isolation: The Testator might be isolated from other family members or advisors who could provide balanced advice.
Sudden Changes: Drastic or unexpected changes in the will, especially when they favor a person who has a close relationship with the Testator, can be a red flag.
Burden of Proof
When claims of undue influence arise, the responsibility to prove its existence falls on the person making the allegation. If you believe a Will is invalid due to undue influence, you must provide evidence that shows how the Testator was coerced or manipulated.
Consequences of Proving Undue Influence
If undue influence is successfully established, the Will in question will be invalidated and set aside. This means the estate will be distributed according to a previous or, if none exists, according to the laws of intestacy.
Undue influence can lead individuals to make decisions they wouldn't normally make. To protect your estate and ensure your wishes are honored after your passing, it’s important to ensure that your Will is free from external pressure.
At Stokes Law, we are committed to helping you navigate the complexities of estate planning and ensuring your Will reflects your true desires. Contact us today for a free consultation and safeguard your estate.
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