Undue Influence – Are You at Risk?
by Rose Shawlee
Undue influence is a specific legal concept whereby a person in a position of influence or power uses that
power or influence to induce you to compromise your interest in an asset, ranging from a home to an RV.
Often that person uses his or her influence to gain a benefit.
Mobile people and the elderly are increasingly targets of undue influence.
A classic scenario is as follows: you attend at your lawyer’s office to redo your Will, to prepare a
Power of Attorney or to transfer some property; you are driven to the appointment by a child, other
relative, or caregiver; the changes are at the suggestion of the foregoing, but beyond that you’re not
sure why you’re making the changes or transfer.
A lawyer should not permit such a person to be in the room while you are providing instructions to your
lawyer. If the person (or people) who came with you is offended by this or unnaturally concerned, this
may be a red flag to both you and your lawyer that your wishes may be the result of pressure.
A further red flag is if a person who is in a position of influence interrogates you or attempts to
interrogate your lawyer about the changes you propose to make or what transpired in the meeting between you and the lawyer.
Whatever occurs between you and your lawyer is privileged and cannot be shared with anyone without your prior approval.
You are at liberty to share the contents of your meeting with anyone you select.
If you elect to share such information, be cautious. You may wish to ask yourself, “Can I imagine this person
ever using this information for their own benefit, against me, or trying to change my mind about my wishes without
making my interest the first priority?”.
If you have any inkling that someone will not act for your benefit or a red flag waves, carefully consider
whether to include them in your circle of shared information. Undue Influence can be insidious, as it is often
those closest to us who exert their influence to our detriment.
If you have any questions or if there are topics you would like to see addressed, please contact
Rose Shawlee at Benson Salloum Watts LLP at 250-491-0206 or
rshawlee@bensonsalloumwatts.com.
