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.
1.
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")
2.
A confidential relationship
between the supposed perpetrator and identified victim
3.
Beneficiary's active
involvement or participation in procuring the legal instrument in
question (will, trust, etc.)
4.
Secrecy concerning the existence of the transaction or legal changes,
or the events occurring in haste
5.
Lack
of independent advice related to that transaction or new legal document
6.
Changes in the identified
victim's attitude toward others
7.
Discrepancies
between the identified victim's behavior and previously expressed
intentions
8.
The
unjust or unnatural nature of the terms of the transaction or new legal
instrument (new will, new trust, etc.)
9.
Anonymous
criticism of other potential beneficiaries made to the identified
victim.
10.
Suggestion,
without proof, to the identified victim that other potential
beneficiaries had attempted to physically harm him or her.
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