Preventing undue influence in your Will is crucial to ensuring the integrity and validity of your Last Will and Testament. A Coral Gables attorney could explain what undue influence is and how it may cause issues with your Will and estate plan. Veliz & Associates, P.A. offers comprehensive legal support during the drafting of these documents and help you secure your legacy and ensure your wishes are honored.
Undue influence refers to when someone manipulates or persuades a person to act against their free will. In estate planning, this often means one person convinces the testator (the person making the Will) to favor that person over others, even if the testator would not normally do so.
In many cases, undue influence occurs when there is an imbalance of power between the influencer and the testator. This could be because the influencer is a caregiver or has some other special relationship with them. This person may try to use emotional manipulation or excessive pressure to make the testator do what they want.
Disallowing undue influence is crucial to making sure your wishes are properly reflected and your Will is equitable for all your beneficiaries. Evidence of excessive influence could create lengthy battles among your surviving family members and outcomes that are against your wishes.
Wills must meet several requirements to be legally valid under Florida Statutes § 732-502. These requirements include testamentary capacity (meaning the person must be of age and of sound mind), the Will must be in writing, and it must be signed by the testator and two witnesses in each other’s presence.
Undue influence can directly undermine the validity of a Will. If a testator is manipulated while making a Will, it overrules the testator’s voluntary decisions to make the document and its contents.
Examples of undue influence include coercion, threats, intimidation, or manipulation. Older adults and other vulnerable individuals are often victims of this behavior, and safeguards must exist to eliminate excessive pressure while planning a Will in Coral Gables or elsewhere in Florida.
To prevent undue manipulation in your estate planning document, it is crucial to understand the elements that would be necessary to prove it. A person would have to show that the accused (1) benefits from the Will, (2) had a trusting and confidential relationship with the testator, and (3) was actively involved in procuring or creating the Will. Showing that the testator was vulnerable to this kind of influence is also crucial.
Vulnerable individuals, such as the elderly, ill, or dependent, are at particular risk of undue influence. Working with a trusted estate planning attorney is a good precautionary measure to thwart these situations. We could proactively identify situations that may undermine the validity of a Will and assist testators with making estate planning documents that meet their desires, not those of others.
When creating your Will and estate plan, you should understand how others could challenge the validity of your documents and take steps ahead of time to address any concerns. For instance, acting independently when drafting your estate planning documents can be vital.
Your Will is an important aspect of your estate plan. This document should reflect your wishes—not those of a close friend, family member, or confidant.
Acting and preventing undue influence on Coral Gables Wills is essential. With the help of an attorney at Veliz & Associates, P.A., you could determine what challenges, if any, your testamentary documents may face and how to address these concerns so they do not lead to something more complicated. Contact our team today for assistance.
We evaluate your case and determine how we might be able to help.
We will meet with you to discuss your next options and lay out a plan.
Our team guides you throughout the process so you feel confident about your choices.
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