When a loved one passes away, questions may arise about whether a will or trust they left behind truly reflects their wishes or if someone manipulated them to create it. In California, undue influence is one of the most common grounds for contesting a will or trust. But proving this isn’t simple or easy. That’s why it’s crucial to work with a seasoned trust or probate attorney who can help you navigate how to prove undue influence in a will or trust.
“We often say a will or trust speaks for someone after death, but when that voice has been manipulated, it’s our job to uncover the truth,” said Andrew Micaraset, a probate and trust litigation attorney at Gokal Law Group and a 2024 Super Lawyers Southern California Rising Star. “Undue influence isn’t always obvious, but it leaves fingerprints. You just need to know where to look,” he said.
Whether you suspect a caregiver, family member, or advisor exerted pressure on your loved one, understanding the intricacies of proving undue influence is the first step in honoring your loved one’s final wishes, protecting your rightful inheritance, and holding bad actors accountable.
What is Undue Influence in a Will or Trust?
Undue influence occurs when a person exerts excessive pressure on someone, often an elderly or vulnerable individual who lacks the mental capacity to responsibly make significant financial decisions, to change their estate plan to (usually) benefit the influencer.
This pressure overrides the victim’s free will, meaning the final will or trust does not reflect their genuine intentions. In other words, if someone manipulates or pressures a person into changing a will or trust in their favor, and the result is unfair, that could amount to undue influence.
If you suspect you are dealing with this offense, common signs of undue influence to look for include:
- Sudden, unexpected changes to a will or trust that heavily favor one person.
- An individual, such as another beneficiary, having close, frequent, or exclusive access to the decedent near the time of changes.
- The decedent being isolated from family, friends, or trusted advisors during the estate planning process.
- The influencer having a confidential or fiduciary relationship with the decedent, such as a caregiver or financial advisor.
- The decedent showing signs of confusion, cognitive decline, or dependency at the time changes were made to their estate planning documents.
- The decedent acting against their long-held beliefs or previous estate plans without a clear explanation.
- A sudden lack of communication about changes to estate planning.
- The decedent’s physical or mental condition rendering them vulnerable to manipulation or coercion.
- The influencer or someone close to them benefiting disproportionately or in ways that seem inconsistent with the decedent’s known wishes.
- A lack of independent legal advice or the presence of the influencer/bad actor during meetings with estate planning attorneys.
- Pressure, threats, or manipulation tactics used to isolate or control the decedent’s decisions.
Related Article: What is the Presumption of Undue Influence or Fraud?
What Are Examples of Undue Influence in a Will or Trust?
Undue influence can take many forms. To illustrate what this offense could look like, here are some examples of undue influence in a will you might find in the real world:
- An elderly woman with dementia amends her trust to leave everything to her full-time caregiver, cutting out her children. The caregiver slowly isolated the woman from her family, lying to both parties and was present at all meetings with the estate attorney and arranged for the changes she manipulated her into making.
- A distant relative begins visiting a sick uncle regularly, gaining his trust and convincing him that his other family members don’t care about him. The uncle then changes his will in that relative’s favor, suddenly leaving a large portion of his estate to a relative who would have otherwise not been included in the will at all.
- A neighbor isolates a terminally ill man from his friends and long-time attorney, urging him to draft a new trust with their own lawyer, naming the neighbor the sole beneficiary.
Each example shows a common dynamic present in all situations that revolve around undue influence to be aware of: vulnerability, dependence, and coercion leading to unfair benefit.
What is the Penalty for Undue Influence?
If a court finds that undue influence occurred in the creation or amendment of a will or trust, the court can take several actions depending on the severity of the crime:
- Invalidate the affected portions of the will or trust.
- Restore a prior version of the document, if available.
- Redistribute the estate according to California intestacy laws or earlier estate plans.
- Order the return of misappropriated assets.
- Order that the guilty party pays damages in the amount of up to three times what they took.
Is Undue Influence a Crime?
While undue influence itself is not always a standalone crime, it can overlap with criminal behavior and even become a felony, depending on the severity of the offense.
If undue influence involves more severe crimes, such as financial elder abuse, theft, or forgery, these acts could be prosecuted as crimes in California. Additionally, those found to have committed undue influence could face civil penalties, including disinheritance or liability for damages.
How to Win an Undue Influence Case
Winning an undue influence case, ultimately, means proving undue influence to the court’s satisfaction. Generally, this means that you will have to prove that undue influence occurred, which will require gathering evidence, presenting your case in a compelling narrative before a judge, and understanding how to maneuver through the complicated California court system.
Who Can Contest a Will or Trust on the Grounds of Undue Influence?
In California, you must have legal standing and grounds to contest a trust or will. Your legal grounds in this situation would be the reasonable belief that someone exerted undue influence to manipulate a vulnerable person, and the people with legal standing to contest a trust or will usually include:
- A named beneficiary in the current or prior will/trust
- An heir who would inherit if the will/trust were invalidated
- A creditor with a financial interest in the estate
If you’re unsure whether you have standing, a probate attorney can help you determine your eligibility, as well as whether or not you have a viable undue influence case.
How Long Do You Have to Contest a Will or Trust on the Grounds of Undue Influence?
Timing is critical when it comes to proving undue influence because, in California, there is a set window in which you have to act.
- For a will: You typically must file a contest within 120 days after the will is admitted to probate.
- For a trust: You usually have 120 days after receiving formal notice.
Delays can result in losing your right to contest, so act promptly. This likely begs the question, How can you prove undue influence?
Related Article: Estate FAQs: How Long Do I Have to Contest Wills and Trusts?
How to Prove Undue Influence in a Will or Trust
When it comes to understanding how to prove undue influence in California, suspicion may prompt you to investigate, but proving it in court requires more than intuition; it requires evidence.
The analysis often begins with the estate planning documents themselves. A sudden change in beneficiaries, for example, especially if the new beneficiary had a close or dependent relationship with the decedent, could signal undue influence.
From there, it’s essential to assess the decedent’s mental capacity at the time changes were made. Diminished capacity due to illness or cognitive decline can make someone particularly vulnerable to manipulation and may invalidate any changes they made while impaired.
Evidence of isolation, dependency, or control by a specific individual, particularly someone who stood to benefit from the estate, can also support a claim of undue influence. Regardless of your situation, these cases are almost always fact-intensive and time-sensitive.
Essentially, when it comes to understanding how to prove undue influence in California, you’ll need to provide clear and convincing evidence showing that the testator’s free will was overcome by pressure, manipulation, or coercion. Proving undue influence requires demonstrating:
- The vulnerability of the decedent (illness, cognitive decline, etc.)
- The influencer’s authority or control over the decedent (e.g., caregiver, financial power)
- The actions or tactics used to override free will (isolation, threats, manipulation)
- The resulting unfairness (unnatural bequests, drastic changes)
Often, evidence that is vital to proving these cases includes:
- Medical records
- Testimony from witnesses (e.g., friends, doctors, caregivers)
- Emails, texts, or voicemails
- Attorney records or notes from estate planning meetings
A skilled attorney will help you gather and present the right mix of documentary and testimonial evidence to support your claim.
After successfully proving undue influence, the will or trust will be invalidated, meaning either a prior version of the will or trust will be used in its place, or assets will be distributed according to intestate succession laws, also called next of kin laws.
Lastly, you might be wondering: Is it hard to prove undue influence? So, let’s dive into that now!
How Hard is it to Prove Undue Influence?
Proving undue influence can be challenging, especially without direct evidence. After all, most people do not leave behind written confessions or recordings of coercion. However, California courts allow judges to consider circumstantial evidence and patterns of behavior.
An experienced probate litigation attorney knows how to:
- Build a strong circumstantial case.
- Apply legal presumptions and key precedents.
- Identify inconsistencies in witness testimony.
- Investigate and uncover key documents and records that support your claim.
With the right legal strategy and a seasoned team of trust or probate litigation professionals by your side, you can overcome the hurdles and prove undue influence in court.
“Proving undue influence is rarely about a single moment; it’s about connecting the dots: vulnerability, control, coercion, and unfair outcomes,” said Micaraset. “With the right legal team, those dots form a clear picture. That’s how you hold guilty parties accountable, enforce your beneficiary rights, and defend your rightful inheritance,” he said.
Now You Know How to Prove Undue Influence When Contesting a Will or Trust. Let Us Help.
So, how do you prove undue influence in a will or trust? If you suspect a loved one was manipulated into changing their will or trust, don’t wait to work with a lawyer. A seasoned trust or probate litigation attorney will know how to prove undue influence in court to defend your inheritance. At Gokal Law Group, we help beneficiaries in California contest unfair estate plans based on undue influence and fraud. We understand the emotional toll and high stakes involved. Our experienced probate litigation team can guide you through every step, including investigating suspicious changes, preserving evidence, and, if necessary, representing you and proving undue influence in court.
Your loved one’s wishes and the inheritance you are entitled to deserve to be protected. Contact us today for a consultation, and let us help you bring the truth to light.
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