The potential for undue influence casts a shadow over the act of creating a will. This coercion, which comes from individuals seeking to manipulate a will in their favor, poses a threat to the intent of the one writing the will. The person creating the will is also known as the testator.
Understanding the dangers of undue influence is important for ensuring that the final wishes of the deceased are truly reflective of their own desires.
Feeling overwhelmed
Undue influence is a coercive force that can compromise the free will of an individual. It arises when an external party exerts pressure or manipulation to sway the testator’s decisions.
Older people with depression, which amounts to over 2 million Americans aged 65 or older, are at risk for this manipulation. Common scenarios involve family members, caregivers or those in positions of power who exploit their influence to benefit themselves or others.
Struggling with autonomy
One aspect of undue influence is its capacity to erode the autonomy of the testator. As the pressure increases, the individual may find themselves succumbing to the wishes of others. This leads to a will that reflects the desires of the influencer rather than the genuine intentions of the testator.
This erosion of autonomy undermines the very essence of creating a will. It is a personal act that should include the wishes and values of the one making it.
Noticing estrangement and family discord
Undue influence can sow seeds of confusion and anger within families. When certain family members exert undue influence to change the distribution of assets, it can lead to resentment among heirs. The aftermath may involve legal battles and emotional turmoil. This harms the familial bonds in the time after a loved one’s passing.
This influence can lead to intense feelings of stress. With all the worry that estate planning can bring, staying calm while dealing with a manipulative person is important.