Iowa trust & estate rules define undue influence as pre-death manipulation, persuasion, & control of a testator’s intent & free will to convey assets.
When the free will of one person is overtaken by another, it is called undue influence. Now, this is a problem of concern in the case of the deals related to deeds, trusts as well as the wills of an elder person or a devitalized man.
If the individual is weak and he possesses significant assets in terms of finances, he can become a target of persons who want such an advantage. If such an insincere behavior reflects on the surface, the results are harmful.
Manipulation of the free will
When someone manipulates free will, it is a phenomenon of psychology. If the law company understands the operations related to psychology that is fundamental to undue influence, such a law firm can be of great benefit to the attorney who is related to such matters.
In cases related to undue influence, there is inherent stress of persuasion. The attorney may also be persuaded to trust primarily the evidence related to the circumstances or conclusions.
Undue influence model
There are multiple pathways leading to undue influence. But if you want to understand the genesis, you will have to consider three variable classes predisposing factors, vulnerability enhancement as well as execution variables.
Some characteristics like predisposing factors make a person susceptible to negative manipulation. The vulnerability enhancers may likely produce an expected result. If you want to grasp the formation of the undue influence, you need to consider the process of operation of such factors, their interaction as well as overlapping.
Predisposing factors
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The demise of the spouse
If a person loses the spouse, he doesn’t need to become a victim of negative manipulation but things can go reverse if the individual is too much dependent on the spouse for the key decisions.
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Depression
When the person is depressed, he gets the negative feeling subsequently leading to poor functioning of the mind. The depression factor may increase the subjugation of others’ influence.
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Loneliness
If the person is lonely and does not interact with society, he can easily be subject to negative manipulation and persuasion.
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Anxiety
Anxiety is called a psychological state that is not pleasant. A person is in dire need of others to remove this. Such a person can easily fall prey to undue influence.
Exploitation
If a person is subject to exploitation, he is safe in the hands of a genuine person but if he falls in the wrong hands, he can be negatively manipulated. Three such examples of explorers are con artists, perpetrators, and psychologically retarded people.
Practicality
Unfolding the case of undue influence is important for successful litigation. The judge or jury can easily grasp the particular case at hand when presented with the predisposing factors, execution variables, and vulnerability enhancers as stages of psychology.
Iowa Probate Litigation grants essential guidance for cases related to undue influence. You can consult them and get a solution keeping in mind the seriousness of the matter.
For more visit us at:-
https://iowaprobatelitigation.com
Phone – (515) 212-4000
ADDRESS: 321 8th St. SW Altoona, IA 50009
Source:- (https://sites.google.com/view/iowaprobatelitigation/home)
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