What is undue influence?

Undue influence is when somebody is using their position of trust or confidence to say to another person, typically a family member, and say, “Oh I’ve done such great things for you. Please make sure you provide for me more than the other kids. The other kids are bad.” It’s a way of getting you to change your documents, so that they benefit to the detriment of the other family members. Undue influence is the subject of many will contests, if in fact there is a person who has in fact come in later in life and make you change your documents. Splitting things equally or splitting things where children get the benefit of your assets unless there’s a reason why not to do, like a child that spends money or a special needs child, is a good way of avoiding an undue influence claim.