Imagine spending a lifetime building your assets, only to have your final wishes altered by someone else’s agenda. Unfortunately, undue influence often affects the creation of wills.
Threatening the integrity of estate planning
Undue influence occurs when someone exerts excessive pressure on the testator (the one who creates the will) to make decisions they would not have made otherwise. This is a concern because:
- It undermines the testator’s true intentions.
- It can lead to unfair distribution of assets.
- It may cause family conflicts and legal battles.
- It potentially deprives rightful heirs of their inheritance.
Undue influence includes emotional manipulation, coercion, or fraud. Often, those who benefit from the will perpetrate this activity.
Georgia law acknowledges the threat of undue influence in will creation. Courts may invalidate wills they deem products of such influence.
Safeguarding your loved ones from undue influence
Signs of undue influence can be subtle but significant. It is essential to be alert to sudden changes in your loved one’s behavior or decisions regarding their estate. If they become isolated from family and friends, they may be vulnerable to manipulation.
Drastic alterations to a will, especially those that benefit a new acquaintance or caregiver, can also raise red flags. If they appear confused about their assets or show signs of cognitive decline, they may be more susceptible to undue influence.
If you recognize these signs, it is best to consult an experienced estate planning attorney right away. They can help you take appropriate action to safeguard your loved one’s true intentions.