What is undue influence?
In the context of wills, "undue influence" refers to the improper or coercive pressure exerted on a testator, leading them to make decisions in the will that they wouldn't have made if left to their own free will and judgment.
Key Takeaways
- Because wills are meant to represent one’s intentions regarding the disposition of their assets, showing that a will was executed or amended due to undue influence will be grounds for the probate court to invalidate it.
- Undue influence is subtle by nature, typically occurring through emotional manipulation or the dynamics of a particular relationship. It may be distinguished from coercion, which is more direct and clearly identifiable and involves threats or force.
- Claims of undue influence often hinge on four criteria: the testator's susceptibility to being influenced, the influencer's opportunity and disposition to exert influence, and a direct result or change in the testamentary provisions due to this influence.
It happens on a daily basis. A person approaching the end of their life had suddenly disinherited, amended a will, or written a new one, disinheriting their entire family and instead leaving everything to a caretaker, “close companion,” etc. However, interested parties are not left without recourse. By contesting a will and having it invalidated, they can reclaim what they would have received under the prior will had the undue influence not occurred.
Undue Influence and Coercion Distinguished
While both undue influence and coercion involve subverting someone's will, they have several distinct differences. Undue influence typically implies a subtle, almost imperceptible persuasion that affects one’s decision-making, often through emotional manipulation or exploiting the nature of the relationship between the influencer and the person being influenced. Often, the person might not even realize they're being influenced. On the other hand, coercion is more overt, involving direct threats or force, and the coerced person is aware they're acting against their free will due to fear or duress.
Criteria For Supporting Claims of Undue Influence
While state laws differ on the precise criteria and how they will apply in a given situation, the following factors will tend to support a case of undue influence.
- Susceptibility: This means that the testator was susceptible to undue influence, often due to factors such as age, illness, cognitive impairment, or emotional distress.
- Opportunity: The alleged influencer had an opportunity to exert undue influence. This is often the case when the influencer is in a position of trust or power, such as a caregiver, family member, or legal or financial advisor.
- Disposition: The alleged influencer had the disposition to exert undue influence. This might be evidenced by the influencer's past behavior or inferred from the seemingly unnatural or unfair nature of the testamentary bequests themselves.
- Result: The alleged undue influence had an effect on the testamentary provisions. In other words, there is a causal connection between the undue influence and the terms of the will.
