What is Trustee Undue Influence?

Trustee Undue Influence?

What are Your Options?

Have difficulties with a Trust? Perhaps you believe that a decision has been unfairly made, with a more powerful party exploiting someone vulnerable. In this case, you may be witnessing undue influence. Undue influence is a serious legal matter and one that should be taken up with an attorney. If you want the fairest outcome as a trustee, talk to a lawyer right away to discuss the possibility of undue influence. Proving this could overturn the whole process and help you to achieve a fair result. If you’re looking to learn more about what undue influence means for you and your Trust, then keep reading.

Is undue influence a crime

Undue influence,” frequently cited in California’s legal code, particularly relates to probate law and elder abuse. It describes a crime commonly targeting vulnerable adults. Although proving such influence can be challenging, California law provides formal definitions to aid in identifying and prosecuting these offenses, helping to protect those who may not be able to protect themselves.

Undue Influence

Undue influence occurs when one party exploits their power over another, compromising the latter’s ability to consent freely due to the imbalance in their relationship.

An Undue Influence Example

In many cases, undue influence occurs when creating and ratifying contracts.

For instance, if a will is suddenly and drastically changed just before a person dies, they may have been manipulated into doing this by a person who stands to gain. It could be their new partner, who has married them to gain access to their fortune. In this case, a probate lawyer will be required to determine the will’s legitimacy and how to distribute an estate equitably.

Is Undue Influence a Crime?

Yes, undue influence is against the law. However, it’s a complicated subject in which convictions are rare. Nevertheless, undue influence is an act of constructive fraud.

If you feel that you’ve been the victim of undue influence, then this should be reported. You may not necessarily be the vulnerable party. You could have suffered by losing the inheritance you were owed after a relative was subject to undue influence. In this case, you need to prove that the will is void and have it more equitably distributed. If possible, you could attempt to convict the manipulator for fraud. However, in the vast majority of cases, there is insufficient proof to land a conviction.

If you suspect any undue influence, seek the services of a trust attorney immediately. They will have worked on many similar cases and can provide you with legal support. Taking advantage of others for personal gain is, unfortunately, all too common in the modern world and gaining sufficient evidence that such exploitation occurred is difficult. Regardless, it would be best if you were willing to seek the evidence where possible. A reasonable attorney will help you with this to achieve the fairest outcome during a Trust dispute.