When someone uses changes to their will to sway family loyalty or manipulate behavior, it’s typically referred to as “testamentary coercion” or “undue influence.” Here’s a breakdown of how these concepts work and why they’re problematic:
1. Testamentary Coercion and Manipulation
This occurs when someone explicitly or subtly changes their will to influence family members’ actions. For example, they might tell relatives that their inheritance depends on maintaining a relationship, offering help, or taking their side in family conflicts. In this way, the person uses the will as leverage to secure loyalty, control behavior, or settle grievances. It’s an underhanded tactic because it weaponizes inheritance to manipulate emotions, which can create toxic dynamics within the family.
2. Undue Influence
If a person coerces or pressures someone into making changes to their will that they wouldn’t otherwise make, this can legally fall under undue influence. For example, if someone is in a vulnerable position due to age, illness, or emotional dependency, an influencer might convince them to adjust their will in a way that benefits the influencer (or their side) rather than reflecting the true wishes of the testator. If undue influence is proven, it can invalidate parts or all of the will.
3. Conditional Bequests as a Manipulative Tool
A conditional bequest is when an inheritance is contingent upon the heir meeting specific conditions set by the person writing the will. While these conditions can be benign (e.g., finishing college), they can also be used manipulatively to secure obedience or allegiance within the family. In this case, a testator may add specific clauses that play on family members’ fears of exclusion, effectively controlling their behavior from beyond the grave.
4. Psychological and Emotional Impact
Even when not unlawful, changing a will to manipulate relationships can be deeply damaging to family dynamics. It breeds resentment, mistrust, and division among family members and can cause long-term emotional scars, as the family members grapple with loyalty, guilt, and the unfair distribution of emotional and financial resources.
While wills should ideally reflect genuine wishes, they can also be used to exert control and influence family behavior. In extreme cases, such changes can be contested on the grounds of undue influence or coercion, especially when they create an atmosphere of manipulation or force family members into loyalty based on the promise of inheritance.
