Protecting vulnerable loved ones from undue influence

Undue influence can occur during estate planning, and your vulnerable loved ones can be a target. While this alarming situation can happen at any time, it is possible to prevent it. Consider learning more about undue influence, as this is the first proactive step to protecting your loved ones.

Situations when undue influence occurs

Undue influence occurs when an influencer pressures a testator to make changes in their estate plan. Depending on the individual’s motives, this coercion can lead to unexpected revisions of a will, trust or business contracts. Usually, these changes significantly favor the influencer over other beneficiaries.

Ways to prevent undue influence

You can protect your loved one from undue influence with these recommended actions:

• Encourage private estate planning meetings.
• Suggest hiring independent and impartial witnesses to document the meetings.
• Discuss with your loved one about the possibility of undue influence.
• Have your loved one consider a medical evaluation to assess their mental stability.

Undue influence can still occur despite these measures. However, you can contest a will or trust and fight against unfairness.

Steps to take when you suspect undue influence

In Florida, you can challenge a will or trust if you suspect undue influence. Although this is possible, the burden of proof rests on you. Consider gathering evidence to build a case against the influencer, such as communication threads, attendance records in meetings and asset transactions.

Proving undue influence can be complicated, especially since you need to satisfy the courts’ requirements on the matter. Seeking legal counsel can help you navigate this situation and ensure your loved one’s will remains protected.