Undue Influence and Elder Abuse in Estate Planning
As people age or face serious illness, they often become more vulnerable to manipulation. Sadly, some individuals exploit this vulnerability to defraud or steal from older adults. When someone pressures or manipulates an elder into changing their estate plan for personal gain, it is known in legal terms as “undue influence.” This type of elder abuse can divert assets away from intended loved ones and instead benefit the manipulator.
Often, families only discover changes to a will or estate plan after their loved one has passed away. In many cases, those changes are kept quiet to avoid suspicion.
What to Do if You Suspect Undue Influence
If you believe undue influence affected your loved one’s will, you can bring your concerns to probate court. A probate judge has the authority to declare a will—or other estate documents—invalid if undue influence is proven.
Even if a probate case has not yet been filed, you may still contest a will on the grounds of undue influence.
How Probate Courts Evaluate Undue Influence
A judge will look for evidence showing that:
- Unexpected changes were made – for example, cutting out close family members without explanation.
- The will-maker was overly dependent on or trusting of the influencer (sometimes called a “confidential relationship”).
- The will-maker’s frailty, illness, or fear of abandonment left them vulnerable to manipulation.
- The influencer took advantage of the situation, directly benefiting by substituting a will of their choosing instead of the will-maker’s true intentions.
It’s important to note: undue influence is not the same as giving advice. As long as someone is mentally and physically capable, they are free to accept or reject advice. Problems arise when age-related decline or illness makes them susceptible to manipulation.
For example, an elderly parent may allow a relative to move in and provide care. If that relative isolates the elder, pushes for last-minute will changes, or causes conflict with the elder’s children, suspicion of undue influence may arise. In such cases, families may need reassurance from the elder and their attorney that no improper changes have been made.
Proving Undue Influence
Proving undue influence can be challenging. Courts often rely on testimony from those who knew the deceased well—such as doctors, caregivers, attorneys, and family members—who can describe the elder’s health, state of mind, and relationship with the alleged influencer.
Because courts try to respect the decedent’s last legally valid wishes, it’s far better to prevent undue influence before it happens.
Preventing Undue Influence
The best defense is open, honest family communication:
- Talk early – Discuss estate planning before a parent or loved one becomes frail or ill.
- Review estate plans together – Ensure everyone understands how assets will be handled.
- Encourage proper legal documents – A professionally prepared will or trust helps prevent disputes later.
- Consider guardianship or conservatorship – If your loved one can no longer make sound decisions, court-appointed protection may be necessary to prevent exploitation.
According to a Caring.com survey, fewer than half of adult children talk with their parents about long-term care and estate planning, leaving families unprepared and vulnerable to abuse.
Take Action if You Suspect Undue Influence
If you believe your loved one has been, or is currently being, manipulated, don’t wait. Legal protections are available, but timing matters.
📞 Call Aging in Maine at (207) 848-5600 or visit our CONTACT page. We are here to listen, review your situation confidentially, and help protect your family’s wishes and legacy.
