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What is undue influence?

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What is undue influence?

On Behalf of | Sep 17, 2020 | Estate Planning

Colorado laws determine much of what an estate plan can and cannot do. Through these laws, you can plan out all manners of inheritance and estate administration. In many cases, things go smoothly thanks to the organization statewide laws provide.

But there are situations in which the person planning an estate may end up manipulated. Because of this, their estate plan does not reflect their true wishes even if it follows the law to the letter.

Who falls prey to undue influence?

The American Bar Association looks at the definition of undue influence in relation to estate planning. In this situation, one party exerts manipulative tactics over the other. The manipulator is often a caretaker or family member with something to gain or lose. The victim is the person to whom the estate plan belongs.

Overall, manipulators in this scenario have the same goal. They want a favorable outcome from the estate plan. Often, this means getting new beneficiaries added to it or having current ones removed. Thus, the sudden changing of beneficiaries is often a red flag to others that something is amiss.

What tactics do manipulators use?

“Traditional” manipulation tactics often see use in these cases, too. For example, the manipulator often tries to isolate the victim. This creates a sense of dependency from the victim toward the manipulator. They are often forced to feel alone and like they have no one else to rely on, even if this is not true.

Manipulators also try to exert control over other aspects of the victim’s life. For example, they may try to control scheduling or even finances. If you notice anything amiss, you may want to consult your legal team to discuss your options.