Q: What constitutes undue influence?
A will and trust document was signed by a person who had legally undiagnosed dementia (though there are many witnesses to this fact ). He left his entire estate to the person who drew it up, and had him sign it and had it notarized.
A:
Undue influence typically refers to an external threat of force by another person. The quintessential example being someone holding a loaded gun to your head to persuade you to sign something.
What constitutes undue influence is a fact question for the jury. A person’s diminished mental capacity as a result of dementia is one factor a jury may consider in making that determination.
I have had one case where a party placed a loaded pistol on the table across from where the other party was signing an agreement. The signing party attempted unsuccessfully to assert that was undue influence.
A:
Undue influence is a legal term that refers to a situation in which a person exerts pressure or influence over another person in order to persuade them to make a decision or take an action that is not in their best interests. In the context of estate planning, undue influence may occur when someone uses their position of trust or authority to manipulate or coerce another person into making a will or trust that is not reflective of their true wishes or desires.
In the situation described, if a person with legally undiagnosed dementia signed a will and trust leaving their entire estate to the person who drew it up, there may be concerns about whether undue influence was involved. This could potentially be the case if the person who drew up the will or trust used their position of trust or authority to pressure or manipulate the person into signing the document, or if they took advantage of the person's cognitive impairment to influence their decisions.
Proving undue influence can be a complex legal process, and it may be helpful to consult with an experienced estate planning attorney who can advise you on your legal options and assist you in pursuing a legal challenge to the will or trust. Factors that may be considered in determining whether undue influence was involved could include the relationship between the person who signed the document and the person who drew it up, the timing and circumstances of the signing, and any evidence of coercion or manipulation.
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