When your will eventually goes through probate, disputes may arise if someone believes you were under undue influence. Undue influence occurs when someone pressures or manipulates a person into making decisions about their estate that do not reflect their true intentions.
Taking steps to prevent these claims can help ensure that the will stands as written and reduces the likelihood of family conflict.
Document the decision-making process
Keeping clear records of the decision-making process can demonstrate that the will reflects independent choices. Writing down the reasons behind significant decisions, such as leaving a larger share to one beneficiary, can provide valuable evidence if a dispute occurs. These written explanations should remain consistent and detailed.
Independent witnesses can also help confirm that you acted without influence. Having multiple people present when discussing the terms of the will can strengthen the argument that the decisions were voluntary.
Communicate the contents of the will
Openly discussing the contents of the will with family members can reduce misunderstandings. Make sure to maintain consistency between verbal explanations and the written will.
It is also helpful to communicate that the will reflects your personal wishes rather than external pressure. When family members understand the reasoning, they may feel less inclined to challenge the will on the grounds of undue influence.
Maintain independence in financial and personal matters
Remaining independent in financial and personal affairs can reduce claims of undue influence. Managing your personal finances, living arrangements and medical care without relying heavily on just one other individual shows that no one person held excessive power. Avoid conflicts of interest by making sure that beneficiaries have no involvement in drafting or managing the will.
Regularly reviewing and updating the will also shows careful and independent decision-making. Sudden changes that benefit one person may raise suspicion, but consistent updates over time suggest deliberate choices.
Taking these steps can help prevent future disputes among your family. They will also ensure that the probate process upholds your personal wishes.
