No undue influence
It’s icky, the thought of cozying up to a vulnerable senior for the purpose of becoming a beneficiary of their will.
But there’s a flip side to that coin. Isn’t it also icky for the next of kin to expect an inheritance while effectively abandoning that vulnerable senior?
A senior is entitled to leave the bulk of their estate to someone who is expending the time and energy to make their last months and years better. It’s a decision, however, their next of kin might attack, alleging the senior was subject to undue influence.
Last week, I promised to share practical steps to minimize the likelihood of an undue influence attack on a will and, if such an attack is made, to reduce the chances of it succeeding.
The unknown begs questions. Especially when a bunch of money is at stake and the person best able to answer those questions is deceased. Sharing information and documentation that would otherwise come out in a lawsuit might eliminate the need for one.
Feelings can get in the way. Being accused of having pressured a senior who you have provided loving care to can cause a gut reaction more akin to “screw you!” than “Let me help you understand the circumstances around my significant inheritance”.
There are also the often-repeated words we see on movies and television: “Anything you say can........
© Castanet
