How to Prove Undue Influence

How to Prove Undue Influence

To prove undue influence, demonstrate these four elements:

1. The victim’s vulnerability
2. The wrongdoer’s apparent authority
3. The specific tactics and actions exerting influence
4. Evidence of the resultant change in the victim’s decisions due to the influence

How do you prove there was no undue influence

Proving that a loved one was independent until their passing is crucial in refuting claims of undue influence. Independence often indicates the ability to make personal decisions, thus suggesting that their actions and will reflect genuine intent. This evidence can be pivotal in upholding the validity of a will or trust.

Trustee rights in undue influence cases

California Probate Code § 17200(b)(3) permits a trustee or beneficiary to seek court review on a trust’s validity or specific provisions. Legal challenges can be based on undue influence, which, if proven, may lead to partial or complete invalidation of the trust, ensuring the trust’s integrity and the grantor’s true intentions are upheld.

How Does Undue Influence Work?

Undue influence usually involves:

• Having a confidential relationship with an elderly person
• Actively participating in getting the older adult to sign estate planning documents that give substantial gifts to themselves
• Standing to receive substantial gifts from those documents

What Factors Can Contribute to Undue Influence?

Judges consider several factors in determining whether a will or trust was procured through undue influence. These include the beneficiary’s active role, the confidential relationship, and the timing of the estate planning document in relation to the decedent’s death.

Successful Undue Influence Cases

In trust litigation, landmark cases such as Schrader v Shrader (2013), Schomberg v Taylor (2013), and Re Chin (2019) highlight the complexities of proving undue influence in the administration of a will or trust.

What if a person was named a trustee in the person’s estate planning documents?

The issue is whether the trustee influenced the decedent to make that designation, which may be more likely if there’s no apparent reason for the choice over close family members or friends.

Does it matter when the deceased signed the estate planning document?

The timing of the document’s signing in relation to the decedent’s death can significantly impact the likelihood of an undue influence challenge. Documents signed shortly before death are often scrutinized more closely for signs of undue influence.

Does it matter who the beneficiaries are and their relationship to the decedent?

Yes. If a person in question is not close to family members or friends and appears out of nowhere at the end of life, that can raise suspicion that there was undue influence.

What if the decedent has advanced dementia or other similar conditions?

If you believe that someone took advantage of your loved one because of advanced dementia or other similar conditions, you can request that the court appoints a conservator. The court will then decide whether it is necessary to take control away from the decedent’s family member.

Tips for Winning an Undue Influence Case

The following are some tips for winning an undue influence case:

Get a trust litigation lawyer. Most lawyers will take such cases on contingency, meaning that you only pay them if they win your case for you.

Stay calm and rational. Most people involved in these types of cases are angry because they have been mistreated by someone they trusted. If you want to be successful in court, however, you need to be able to state your case without becoming emotional or angry yourself.

Consider whether it was undue influence or just coercion. The critical issue here is whether the person had the total capacity or not when the undue influence occurred.

Look for evidence of isolation.

Suppose your family member was isolated from other family members by the perpetrator. That could be evidence that the perpetrator wanted to keep others from discovering their efforts to persuade your family member to change their estate plan.

Look for changes after an illness.

If your family member became ill and then changed their estate plan, that can be evidence that someone took advantage of your family member when they could not think clearly or act in their own best interests.

What happens if I can prove that undue influence occurred?

Suppose the court finds that a person exercised undue influence over a decedent in connection with the decedent’s will, trust, or other instruments. As a result of that undue influence, the decedent made a disposition of property in their estate plan that they would not have made except for the undue influence. In that case, the court may do any of the following:

First, the court can invalidate a will or trust. Invalidating a will or trust generally means that the will or trust is treated as though it had never existed. The person who would have received assets under the will or trust will not receive them. Instead, the assets usually go to other people named in previous wills and trusts or heirs under California law.

Second, the court can order specific items to be distributed to certain people named in the will or trust. For example, a house might be given to Person A and a car to Person B.

Third, the court can change how items are distributed under the will or trust while still leaving most of it intact. In other words, only one or two things in the will or trust might be changed by the court.

Work With an Experienced Probate Attorney

Proving undue influence is complex, and the burden of proof is very high. You must prove that the person who benefited from the gift was in a confidential relationship with the decedent. The transferee (the person receiving the gift) engaged in manipulative conduct to coerce the decedent into changing their estate plan.

To obtain justice, you have to work with the right legal team. Our attorneys at Hess-Verdon can separate what is true from what is not and stand up for you in court. Contact us at (949) 706-7300 to set an appointment.