Three Tests Prove Undue Influence:
If you have long been publicly recognized as a legitimate heir, find yourself inexplicably cut off and disinherited for no verifiable, valid reason and ALL three of these apply:
- You are vilified, criticized, condemned and your character assassinated without cause;
- Communications with your loved ones and people close to them are inexplicably severed;
- Greedy, selfish people with regular access to your loved ones and who have influence with them become primary beneficiaries of their will or administrators of their trusts. These same people also become Executors, Administrators or Trustees of estate assets. See Avoiding Impartial Outsiders Above.
Then malicious, undue influence has been exerted. You and your loved ones are a target of estate fraud.
These three tests are provided to help heirs pursue and prove undue influence. They come from our observations and experience and may not be applicable to your specific situation.
Under this definition, Bill Gates’ public statements that he wishes the majority of his wealth to pass to his charitable foundations would be protected from charges of undue influence.
So would your dear Aunt Marcy’s decision to leave her entire estate to Robert Redford because she always loved his movies despite the fact that she has never actually met him. Sound body and mind concerns are a different issue.
Please note we are not attorneys and we are not providing you with legal advice.