Disputes over wills and trusts have been happening for generations. Many of them begin when a child or family member learns that a parent or relative changed their estate plan in a way that reduced their inheritance. And the part that was taken away usually went to someone else in the settlor’s life. It might be a sibling, a friend, or someone who only recently became involved in the settlor’s affairs.
In some cases, the person who benefited did something to cause the change. Sometimes it is as simple as speaking poorly about the person whose share was reduced. Other times it involves building up the settlor’s trust and subtly steering them toward favoring one person over another. When an estate plan no longer reflects what the settlor would have intended but for the influence of the person who received the benefit, the law refers to that as undue influence.
What qualifies as undue influence depends on the facts. As the Illinois Supreme Court explained, it “cannot be defined by fixed words and will depend upon the circumstances of each case.” In re Estate of Hoover, 155 Ill. 2d 402, 411 (1993). Undue influence can be inferred where “the power of another has been so exercised upon the mind of the testator as to have induced him to make a devise or confer a benefit contrary to his deliberate judgment and reason.” And it does not have to be the person who received the benefit that exerted the pressure. The influence “may be that of a beneficiary or that of a third person which will be imputed to the beneficiary.” Id.
Illinois courts may set aside a will or trust if there is proof of “any improper urgency of persuasion” that overpowered the settlor’s free will and caused them to act in a way they would not have otherwise. Id. There is no checklist, but factors that tend to matter include the settlor’s age and mental condition, their dependence on the person who benefited, and whether there is a connection between the influence and the timing or terms of the document being challenged.
Our Illinois trust litigation attorneys have extensive experience handling undue influence claims. We know how to build the evidence courts require in these cases, and we have a proven record of success. Just this year, our team persuaded an Illinois court to overturn both a trust and a will that were created through undue influence and at a time when the testator lacked capacity.
If you suspect that you or a loved one has been the victim of undue influence in a trust or estate, contact King & Jones today. We can walk you through what happened, explain your rights, and help you pursue the best path forward.
