Zuvich Law Logo
  • Nicole J. Zuvich

What is undue influence?

Updated: Sep 27

Undue influence is a legal term that most people will not come across. It most often surfaces in issues or matters related to probate of one’s estate, or estate planning in general.

What is it? Why is it a potential problem? And how does one potentially identify the red flags that may indicate it is happening?

Defining undue influence

Cornell Law School defines undue influence. In specific, related to estate planning, undue influence occurs when one party exerts influence over another: i.e., the manipulator(s) and the victim. The victim is the grantor of the estate, the person to whom the estate belongs and the author of the will in question.

The goal of the manipulating party in this equation is usually one of two things. They want more power to control the estate, such as getting named the executor, or they want more of the estate itself. They often aim to achieve this by having an unfairly large portion of the estate granted to them via the will.

Keeping an eye out for red flags

It is possible to keep an eye out for red flags that this is happening to a loved one. First, pay attention to any attempts at isolating them. For example, does a nursing aid simply refuse to allow family to visit the victim? Do they always have an excuse as to why a meeting cannot happen?

Look for sudden and unexplained changes in the will or estate itself, too. A victim often gets tricked, coerced or manipulated into kicking certain people off of the will or removing them from power to put in the manipulator instead.

Recent Posts

See All

You have to take a variety of issues into consideration when setting up an estate plan, whether you need to figure out who to place in charge of your estate after your death or you have difficult deci

Connect With Us

Disclaimer

Attorney Advertising. Prior results do not guarantee future outcomes.  Interaction with this site or contacting us via email, phone, or online forms does not establish an attorney-client relationship.  Do not send personal private information.  The attorneys of The Law Offices of Nicole J. Zuvich, P.C. practice primarily in the State of New York and may not be licensed in your jurisdiction.  The information on this website is for information purposes only and is presented "as is."  The law frequently changes. Information on this site may be incomplete or out of date.   See full DISCLAIMER here.

Zuvich Law Logo

400 West Main Street, Suite 332

Babylon, NY 11702

PHONE: (631) 840-6580
FAX: (631) 840-0084

1050 Franklin Avenue, Suite 308

Garden City, NY 11530

©2022 The Law Offices of Nicole J. Zuvich. All Rights Reserved.