Get a Consultation

Hess-Verdon & Associates

Call us Today

Undue Influence, Examples And Cases

by | Oct 24, 2023

How to Prove Undue Influence and Probate Code Section 86

If you suspect that a loved one’s changes to their estate plan were the result of undue influence, you may be able to contest those changes in court. Proving undue influence can lead to the reversal of such changes. For expert legal assistance, contact Hess-Verdon, Orange County’s premier probate lawyer, at (949) 706-7300. This guide will outline common examples of undue influence and provide insights on how to establish proof of undue influence in court.

What is Undue Influence?

Undue influence occurs when an individual exploits their power or authority over another person, compelling them to make a gift or sign a will or trust that benefits the influencer. This manipulative behavior can undermine the true intentions of the person making the estate plan.

For more detailed information on defending against or proving claims of undue influence, visit our resources on shielding your estate against undue influence claims and how to prove undue influence.

Probate Attorney

How Does Undue Influence Work?

Undue influence typically involves a person who:

  • Has a confidential relationship with an elderly person.
  • Actively participates in persuading the elderly individual to sign estate planning documents that significantly benefit themselves.
  • Stands to receive substantial gifts from those documents.

If you can demonstrate that these three factors were present at the time the will or trust was signed, you may have grounds to claim undue influence.

What Factors Can Contribute to Undue Influence?

In cases of alleged undue influence, judges examine various factors to determine whether a will or trust was obtained through undue influence. These factors include:

  • The beneficiary, or person standing to benefit, played an active and dominant role in the creation or execution of the estate planning document.

For instance, if you have been the primary caregiver for your grandmother for several years and she recently amended her will to leave all her assets to you instead of distributing them equally among her children, this change could be viewed as undue influence. The likelihood of undue influence is higher if the will was revised to favor you shortly before your grandmother’s death, especially if she was elderly, unwell, or lacked financial literacy.

  • The estate plan was altered in a way that disinherited individuals who would have benefited under the previous version.

The interval between the creation of the original will and its amendment was brief, suggesting the possibility of undue influence. The circumstances surrounding the amendment may indicate that there was a pressured or rushed decision-making process, further supporting the potential for undue influence.

Undue Influence occurring? Call Today

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

The issue is whether or not the agent influenced the decedent to make that designation. It may be more likely that influence occurred if there is no other apparent reason why the decedent chose that person over someone else, such as a close family member or friend.

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

Generally, the closer time to death the document was signed, the more likely it is to be challenged on undue influence grounds. A will or trust signed within six months of death is presumed to have been procured by fraud, duress, or undue influence unless proven otherwise with clear and convincing evidence.

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

Yes. If they are not close family members or friends and appear 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 someone took advantage of your loved one because of advanced dementia or other similar conditions, you can request that the court appoint a conservator. The court will then decide whether it is necessary to take control away from the family member taking care of the decedent.

Tips for Winning an Undue Influence Case

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

Get a Trust litigation lawyer. Some lawyers will take such cases on contingency, meaning that you only pay them if they win your case for you. Others will do a retainer.

Stay calm and rational. Most people involved in these 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 full 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 finding out about 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 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, 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 Trust and 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.

Undue Influence: Attorneys, Examples And Cases

“Absolutely top notch firm for handling all your estate planning matters.”

Dean Williams

Client Since 1995

Undue Influence: Attorneys, Examples And Cases

“Jillyn’s expertise and positive attitude, also wonderful staff. Jillyn’s the best!”

Mary Sipe

Undue Influence: Attorneys, Examples And Cases

“Jillyn’s knowledge. Always does a terrific job of explaining everything.”

Carol Netta