Undue influence is a significant concern in estate planning, particularly when there are disputes over wills, trusts, or the distribution of assets. It occurs when someone uses manipulation or pressure to override the free will of another, typically to gain financial or personal benefit. Courts take claims of undue influence seriously, as it undermines the integrity of an individual’s final wishes.
Proving undue influence may involve demonstrating that the influencer had a confidential or fiduciary relationship with the person making the estate decisions and that they used this relationship to exert inappropriate pressure. Common indicators include sudden changes to a will, isolation of the testator from family and friends, or a pattern of unequal treatment among beneficiaries. Medical conditions, such as cognitive decline, can make individuals particularly susceptible to undue influence.
In New Jersey, the burden of proof may shift depending on the circumstances. If a presumption of undue influence arises, such as when a beneficiary played a significant role in drafting the estate documents, the burden shifts to the beneficiary to prove that no undue influence occurred. This legal standard underscores the importance of clear and transparent estate planning processes.
Preventing undue influence requires proactive measures, such as involving neutral third parties during the drafting of estate documents, maintaining open communication among family members, and ensuring the individual creating the will has independent legal representation. These steps can help reduce the risk of future disputes.
If you suspect undue influence or need assistance in contesting or defending a will, KingBarnes LLC is here to help. Our attorneys have the expertise to navigate these complex cases and advocate for your interests. Contact us today for a consultation.
