How to Avoid Claims of Undue Influence in Estate Planning

Estate planning is an essential process that helps individuals to plan the distribution of their assets after they pass away. However, the process can be complicated when there are claims of undue influence. These claims arise when someone is suspected of manipulating the testator (the person who created the will) into making certain decisions that they would not have made otherwise.

To avoid claims of undue influence in estate planning, here are some steps you can take:

1. Work with an experienced estate planning attorney: Hiring an experienced estate planning attorney can help ensure that your wishes are carried out and that your estate plan is created without any undue influence. An attorney can also help you ensure that your estate plan is valid and that it meets all the legal requirements.

2. Plan early: Start the estate planning process early, before any signs of mental or physical incapacity arise. This way, you can make decisions on your own and without any pressure or influence from others.

3. Use a trusted individual as executor: When selecting an executor for your will, choose someone you trust and who has no potential conflicts of interest. This person should also have a strong moral compass and be able to handle the responsibilities of executing your estate plan fairly.

4. Be aware of signs of undue influence: Knowing the signs of undue influence can help you recognize when it may be occurring. Some common signs include sudden changes in the testator's behavior or decisions, isolation from family and friends, and pressure to make specific decisions.

5. Involve family members: Include family members in the estate planning process to avoid any suspicions of undue influence. This can help demonstrate that the decisions made in your estate plan were made of your own free will and not under any undue influence.

6. Keep detailed records: Keep detailed records of all interactions with anyone involved in the estate planning process. This includes any discussions, meetings, or changes made to the estate plan. These records can be helpful in the event of any claims of undue influence.

7. Have a medical evaluation: Have a medical evaluation done to determine your mental and physical capacity. This evaluation can serve as proof that you are of sound mind and that any decisions made in your estate plan were made without any undue influence.

In conclusion, it's important to take the necessary steps to avoid any claims of undue influence in estate planning. Working with an experienced estate planning attorney, planning early, using a trusted executor, being aware of signs of undue influence, involving family members, keeping detailed records, and having a medical evaluation are all important steps you can take to ensure that your estate plan is created without any undue influence.