My grandson is suggesting that I change my will. Can he do that?

Your grandson can suggest whatever he wants to suggest to you about changing your will. The question is whether any changes to your estate plan will be valid or whether they may be challenged on the grounds that you were unduly influenced by your grandson.

A Suggestion Is Not the Same as Undue Influence

Your grandson may recommend changes to your estate plan—even if those changes benefit your grandson and hurt others. The question is whether your grandson is pressuring you or exerting undue influence in order to get you to agree to modify your estate plan according to his proposal. If your have any doubt about your grandson’s intent or actions then it is important to consider:

  • Your relationship with your grandson. Are you dependent on him?
  • Whether you feel free to say no to his suggestion. Is he threatening you?
  • How he is making his suggestions. Is he requiring that you keep his suggestions a secret? Is he discouraging or preventing you from seeing a lawyer?

If you do not feel threatened or pressured, you have no concerns about your grandson’s requests, and you are of sound mind then you might consider modifying your will.

Make Sure Your Will Is Modified According to the Requirements of California Law

You want any modifications that you make to be upheld after your death. You do not want your family to challenge your estate. Accordingly, we encourage you to contact us today to talk about how to modify your will according to California law and how to be assured that your wishes will be upheld after you are gone.

 

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm