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Caregivers and undue influence 

On Behalf of | Jan 17, 2025 | Estate Administration |

When someone influences another person to alter their estate plan for the influencer’s benefit, it may be an example of undue influence. For instance, a parent with two adult children may initially plan to leave an equal share of assets to both. However, one child might influence the parent to change their plan so that they receive a larger share than their sibling.

Unequal distributions, by themselves, are not necessarily examples of undue influence. It is entirely legal for a parent to leave different amounts of assets to their children—or even to disinherit a beneficiary entirely.

The problem arises when undue influence causes someone to make changes to their estate plan that they wouldn’t have made otherwise. In such cases, the plan no longer reflects their genuine intentions.

The issue with caregivers

Undue influence often becomes a concern when one person serves as a caregiver for an elderly individual. The caregiver might provide daily assistance, run errands or visit the person regularly in a nursing home. Meanwhile, other family members may live far away and are less involved.

In some cases, the caregiver may attempt to leverage their position. For example, they might threaten to stop providing essential care unless they are promised a larger share of the estate. The elderly person, dependent on the caregiver and afraid of losing assistance, may feel compelled to alter their estate plan against their true wishes. This kind of manipulation could constitute undue influence and might lead to estate litigation.

Seeking legal guidance

Cases involving undue influence are often complex. Working with an experienced law firm can help individuals explore all potential legal options and ensure that an estate plan accurately reflects the true intentions of the individual who created it.