How can you help prove there is no undue influence?

On Behalf of | Jun 27, 2023 | Estate Planning

When you discuss the future with your elderly parents, they may mention that they are leaving you more of the inheritance than your siblings. In some cases, this could bring on accusations of undue influence on their will if you spend a lot of time alone with your parents.

In order to fight against this issue, you can take several steps to prevent disagreements with the other beneficiaries.

Encourage other interactions

According to the AARP, undue influence happens when one person isolates and pressures an older person into leaving them all or most of the inheritance the elderly person gives away.

One way to show the court that you are not the only influence on them is to encourage your parents to talk to friends or social groups besides you. This may include showing their will to other people in the family.

Have your parents talk privately with legal teams

Your parents need to be able to discuss these matters alone with their legal team and set up any appointments by themselves. Since they then have a record of talking with a neutral third party and stating their wishes without anyone else present to potentially intimidate them, it can help prove that leaving you this amount of inheritance is not done out of fear.

Suggest a letter of intent

Your parents may be able to write a letter of intent to explain why some of their children get a different inheritance than others. By providing this, they can make it clear why you got the inheritance you got.

Being aware of what undue influence is and how to fight against accusations of it can help you as your parents write their will.