Suspicious Circumstances
The following is a list of issues that often arise in cases of elder financial exploitation and probate litigation - such as will contests or estate contests. Each increases the suspicion of undue influence. This is not a comprehensive list.
The identified victim's susceptibility or vulnerability to influence (including issues related to age, physical or mental deterioration, emotional state, education, finances, etc. – see "Susceptibility and Vulnerability")
A confidential relationship between the supposed perpetrator and identified victim
Beneficiary's active involvement or participation in procuring the legal instrument in question (will, trust, etc.)
Secrecy concerning the existence of the transaction or legal changes, or the events occurring in haste
Lack of independent advice related to that transaction or new legal document
Changes in the identified victim's attitude toward others
Discrepancies between the identified victim's behavior and previously expressed intentions
The unjust or unnatural nature of the terms of the transaction or new legal instrument (new will, new trust, etc.)
Anonymous criticism of other potential beneficiaries made to the identified victim.
Suggestion, without proof, to the identified victim that other potential beneficiaries had attempted to physically harm him or her.
Links:
More undue influence suspicious circumstances
Basic types of undue influence
Who is susceptible/vulnerable to undue influence? (The answers may surprise you.)
How to assess for undue influence.
Elder Abuse, Financial Loss, and Undue Influence: FAQs.
Download articles and the "Undue Influence Worksheet" by Dr. Blum.
