When courts are faced with the question of undue influence in the creation of wills or trusts, they rely on a set of guidelines to ensure fairness. This blog explores these guidelines, focusing on the well-known Carpenter Factors and additional considerations that have emerged in recent legal practice.
Understanding Undue Influence in Wills and Trusts
Undue influence in the context of wills and trusts is a legal concept that implies a person was unfairly persuaded or coerced into making decisions about their estate. Courts take this issue seriously to protect individuals’ true intentions and prevent manipulation.
The Carpenter Factors: A Seven-Point Checklist
Traditionally, courts have referred to the seven Carpenter factors as a benchmark for identifying undue influence:
Beneficiary’s Presence: Was the beneficiary present when the testator expressed the desire to make a will?
Attorney Recommendation: Did the beneficiary recommend the attorney who drafted the will?
Instructions to Attorney: Was the beneficiary involved in giving instructions for drafting the will?
Knowledge of Will Contents: Did the beneficiary know the will's contents before it was executed?
Witness Arrangement: Did the beneficiary arrange witnesses for the will?
Execution Presence: Was the beneficiary present at the execution of the will?
Will Safekeeping: Did the beneficiary keep the will safe after it was executed?
These factors help determine if the beneficiary had an excessive or inappropriate level of involvement in the will-making process.
Beyond the Carpenter Factors: Additional Considerations
Recent legal developments have expanded the scope of analysis to include three more factors:
8. Isolation: Was the person making the will isolated from others, potentially making them more susceptible to influence?
Mental Strength Disparity: Is there a significant difference in mental strength or capacity between the testator and the beneficiary?
Fairness of Provisions: Do the provisions of the will or trust seem fair and reasonable?
These additional factors offer a more comprehensive view, considering the testator's social circumstances and the overall fairness of the will or trust.
Conclusion
Courts use these ten factors to paint a detailed picture of the circumstances surrounding the creation of a will or trust. This approach helps ensure that the final document genuinely reflects the wishes of the person making it, free from undue influence or manipulation. By understanding these factors, individuals can better appreciate the legal safeguards in place to protect testamentary freedom.
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