Undue Influence

Undue Influence and Estate Planning

When a loved one’s will or trust looks far different than you expected, and the person or people who benefit from the change had access to the person making the estate plan, you may have a claim for undue influence. The estate and trust litigation attorneys of Fox Law can help you understand your rights, evaluate the evidence for an undue influence claim, and pursue justice when a vulnerable person was manipulated to make or change their estate plan.

A court will invalidate an estate planning document executed under undue influence. First, however, the person who suspects undue influence must be prepared to prove it to the court. That can be challenging, and an attorney with experience in undue influence cases can help.

What Is Undue Influence Under California Law?

To put it as simply as possible, undue influence arises when someone uses a position of trust for their own benefit, substituting their will for that of the other person. The California Probate Code and Welfare and Institutions Code define it as excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will.

The result is a legal document that reflects the will of the influencer, not the preferences of the person making the will or trust.

How Do California Courts Identify Undue Influence?

California courts evaluate four primary factors when assessing undue influence claims:

Vulnerability of the Victim

Age, illness, cognitive decline, grief, or dependency can all make a person susceptible. This doesn't mean the person lacked mental capacity; even someone with full mental capacity can be unduly influenced.

The Influencer's Power

A caregiver, financial advisor, new romantic partner, or a family member who controls access to housing or medical care holds significant power over a vulnerable person.

The Influencer's Tactics

Isolation from family, controlling communications, making threats, withholding affection or care, and repeatedly pressuring someone to sign documents are all recognized tactics of individuals exerting undue influence.

The Result

Did the change in the estate plan benefit the influencer at the expense of people who would naturally be expected to inherit? A sudden, dramatic shift in beneficiaries, especially in favor of someone who recently became involved in the loved one's life, is a major red flag.

What Does Undue Influence Look Like?

People influence each other every day. Children encourage parents to move closer. Spouses share opinions about estate planning. This is entirely legal, even if those conversations involve someone who is elderly or ill.

The line is crossed when influence overcomes free will. California courts have found undue influence in situations such as:

• A caregiver who isolated an elderly parent from adult children and was named the sole beneficiary of a trust amendment signed weeks before death
• A new romantic partner who accompanied a recently widowed person to every attorney meeting and inherited the entire estate, disinheriting children from a prior marriage
• An adult child who controlled a parent's finances, transportation, and social contact, while directing that parent to execute a new trust disinheriting the other children and naming only themselves as beneficiary

In each of these scenarios, what mattered was not just what was said, but the circumstances of control, dependency, and isolation that surrounded the signing of the estate documents.

Common Signs of Undue Influence

You don't need a legal background to recognize that undue influence has been exerted. Common warning signs include:

• A trust or will was changed shortly before your loved one died or became incapacitated
• A new beneficiary (particularly a caregiver, new partner, or recently reconnected acquaintance) received a disproportionate share of the estate
• Your loved one was increasingly isolated from family members in the months or years before they passed
• Someone else was present at every meeting your loved one had with their attorney or financial advisor
• Your loved one expressed fear, confusion, or dependence on the person who ultimately benefited
• The estate documents were executed during a period of serious illness, cognitive decline, or emotional crisis

None of these factors alone is conclusive. But a pattern, especially one that developed alongside a new or intensified relationship with the person who stood to gain, can form the basis of a strong undue influence claim in California court.

California's Legal Presumption of Undue Influence

Ordinarily, a person asserting undue influence has the burden of proving that influence. To protect vulnerable people, California has enacted legal protections shifting that burden of proof in certain situations. Under Probate Code §21380, a legal presumption of undue influence arises automatically when a distribution in a trust or will is made to certain categories of people, including:

• The person who drafted the document
• A person who transcribed the document and was in a fiduciary relationship with the testator
• A care custodian of a dependent adult (as defined by Probate Code §21360)
• A caregiver who began a marriage or cohabitation with a dependent adult while providing care, if the estate document was signed within six months of that relationship beginning
• Certain individuals related to or associated with the above categories

When this presumption applies, the burden shifts: the person who received the inheritance or gift must prove the gift was not the product of undue influence. This legal presumption is a powerful tool for people contesting a trust or will in California.

What to Do if You Suspect Undue Influence

Most cases of undue influence do not arise until after the death of the person who made a will (the “testator”), and often, it’s not known that the will was changed until after the testator’s death. That means the one person who could have shed light on the reason for the change is unable to do so.

If you suspect undue influence, you have only a brief window of time, typically 120 days or less, in which to contest a will or trust. Contact an attorney immediately to discuss your options.

How Fox Law Helps with Undue Influence Claims

Contesting a trust or will on grounds of undue influence is a specialized area of California probate and trust law. It is meaningfully different from other types of civil litigation, and the procedural rules, deadlines, and evidentiary standards are unique.

At Fox Law, our trust litigation attorneys have extensive experience handling undue influence cases throughout the Sacramento region and Northern California. Our approach typically involves:

Case Evaluation

We review the circumstances surrounding the execution of the trust or will, including the timeline, the relationships involved, any medical records, and the specific changes made to the estate plan.

Evidence Development

Undue influence cases are often built on circumstantial evidence. We identify and preserve witness testimony, medical records, financial records, communications, and attorney-client documentation that can establish the pattern of manipulation.

Litigation

If the matter cannot be resolved through negotiation or mediation, we are experienced trial attorneys prepared to represent you through trial.