Many people fall victim to undue influence as they grow older and start to lose capacity. Because older individuals are typically more susceptible to undue influence, bad actors commonly use undue influence to commit crimes and other misdeeds against vulnerable adults. Â
For example, a child could move in with her elderly father as he is nearing the end of his life to manipulate him into changing his will so the child inherits his home, which the father previously had intended to pass down equally among his children.Â
As another example, a business partner could pressure his colleague whose competence is declining to sign a power of attorney so that he can gain access to his colleague’s financial assets and gradually start misappropriating them.
There is no shortage of scenarios in which undue influence can occur. In fact, undue influence isn’t even limited to probate-related matters and elder financial abuse. It can be used as a tactic within religious organizations or cults, domestic disputes, white collar crime and a host of other situations. In this article, however, we will be focusing on proving undue influence in probate cases.Â
What Is Undue Influence?
Undue influence occurs when extreme persuasion or manipulation is used on a person to cause them to act against their own free will when making a decision.Â
Because the definition of undue influence can be subjective, California Welfare and Institutions Code section 15610.70 provides clarity:Â
““Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.”Â
Given the subjective nature of undue influence, you may be wondering: How do you prove undue influence in court? You are right to ask this question because excessive persuasion alone will not suffice in proving undue influence. Â
The section of the California Welfare and Institutions Code that defines undue influence also lists several other factors courts should consider in undue influence cases to determine whether undue influence is behind a particular result. Continue reading to find out what these factors are.Â
What Are the Elements of Undue Influence?
There probably have been times in most people’s lives where they’ve been pressured to do something. Does that mean they were unduly influenced? Not necessarily.Â
California Welfare and Institutions Code section 15610.70 lays out specific conditions the court should take into consideration to determine whether a result was produced by undue influence. We go in-depth into each of these elements of undue influence in the following subsections. Â
The Vulnerability of the Victim
The vulnerability of the victim is the first factor courts consider to determine whether a result was produced by undue influence.Â
In regard to this element, California Welfare and Institutions Code section 15610.70 states:Â
“Evidence of vulnerability may include, but is not limited to, incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency, and whether the influencer knew or should have known of the alleged victim’s vulnerability.”Â
The reason vulnerability is important in proving undue influence is because anyone could be pressured into doing something they didn’t intend on doing or that they later regret. That doesn’t mean that the influencer necessarily did something wrong. With undue influence, the influencer typically is aware of the victim’s vulnerability and uses it to their advantage.Â
The Apparent Authority of the Influencer
The apparent authority of the influencer, or more specifically, the type of relationship they had with the influencer, is important in proving a result was produced by undue influence.Â
In regard this element, California Welfare and Institutions Code section 15610.70 states:Â
“Evidence of apparent authority may include, but is not limited to, status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or other qualification.”Â
The apparent authority of the influencer can play a significant role in undue influence cases, as it can help determine how much influence the influencer may have had over the victim. For example, if the victim had shared a close, confidential relationship with someone, or relied on the influencer as a trusted, independent fiduciary, that person likely would have been more capable of influencing their decisions than an outside party. Â
The Actions & Tactics Used by the Influencer
Within the scope of undue influence, there are many actions and tactics influencers can use to sway their victims.
California Welfare and Institutions Code section 15610.70 breaks them down into three categories:Â
(A) Controlling necessaries of life, medication, the victim’s interactions with others, access to information, or sleep.Â
(B) Use of affection, intimidation, or coercion.Â
(C) Initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes.Â
As you can see, the actions and tactics used by influencers can be obvious or subtle, but regardless of which category they fall under, they can be difficult to prove since most influencers operate behind closed doors. Â
For example, it may be difficult for the loved ones of a victim to know if their caretaker is withholding medication from them or intimidating or coercing them in some way. It, likewise, would be difficult for the loved ones of a victim to know if the victim’s power of attorney was legitimate or signed under false pretenses at the urging of a bad actor.Â
Additionally, because undue influence often is not discovered until after the victim dies, it may not be possible for the victim to speak about the abuse they endured. This is why it’s crucial for you to play an active role in your loved one’s life if they are incapacitated or their cognition is impaired.Â
The Equity of the Result
While inequitable results alone will not suffice in proving undue influence, they are a vital element of undue influence cases.Â
In regard this element, California Welfare and Institutions Code section 15610.70 states:Â
“Evidence of the equity of the result may include, but is not limited to, the economic consequences to the victim, any divergence from the victim’s prior intent or course of conduct or dealing, the relationship of the value conveyed to the value of any services or consideration received, or the appropriateness of the change in light of the length and nature of the relationship.”Â
Inequitable results generally are the easiest element to prove since the result is likely why you are pursuing an undue influence case in the first place.Â
For example, if you previously were named as the primary beneficiary of a relative’s trust and later were disinherited by this relative from his deathbed, this would not be difficult to prove, since the trust amendment would serve as proof of the inequitable result. Â
As another example, if an influencer pressured their victim to transfer their car or home to them, there generally would be a paper trail, and the executor/administrator of their estate or trustee of their trust likely would notice the missing assets when administering the estate or trust.Â
It needs to be emphasized again, however, that inequitable results should be apparent along with some of the other elements of undue influence for an outcome to be regarded as having been produced by undue influence.Â
Guide for Proving Undue Influence
Regardless of the type of undue influence matter you are involved in, a meticulous evaluation of the facts (usually through litigation and discovery) will be required to prove undue influence. This is why having a skilled probate attorney on your team is crucial. Your attorney will have the experience to notice red flags, conduct thorough investigations, interview relevant parties, gather and examine evidence, and present evidence effectively to the court.Â
When proving undue influence, it’s ideal to be able to show through evidence and testimony that all of the elements of undue influence apply to the case being litigated. Your attorney will know what kinds of evidence and testimony to use to demonstrate this. Â
In the following subsections, we’ll be discussing how to prove undue influence in common probate scenarios. Keep in mind that undue influence does not solely have to fall under one of the three categories mentioned below; a single undue influence case can involve estate planning documents, contracts, gifts and transfers.Â
How to Prove Undue Influence in a Will or Trust
When a person makes suspicious changes to their will or trust, or revokes the document under suspicious circumstances, undue influence may be to blame. In fact, undue influence is the basis for countless will and trust contests.Â
While you may have your suspicions that a will or trust creator was unduly influenced to amend or revoke their will or trust, proving that undue influence occurred is an entirely different story. You will have to prove your suspicions with facts. Â
The first place to look for clues is the will or trust instrument itself. For example, if you were disinherited, try to find out who the estate beneficiary or trust beneficiary is that took your place. It’s possible they could have influenced the will or trust creator to amend the instrument before they died.Â
Next, try to find out information about the will or trust creator’s capacity. Speak with those who were close to them, and if you can, get information from their health care providers as well. If it turns out that the decedent’s capacity had been declining, then not only could that have made them vulnerable to undue influence, but it could have rendered the changes they made to their will or trust invalid if their cognition had declined to the point where they lacked the capacity to change a will or trust.Â
It’s also worth trying to figure out if anyone who previously had not been close to the decedent had started to come around them more toward the end of their life, or if there was anyone residing with them who could have influenced them.Â
Proving undue influence in a will or trust can take time, even if you are working with an attorney, which is why you should not delay taking legal action. Â
For example, if you suspect undue influence before a will has been admitted into probate, you should appear in court to object to its admission into probate. If it’s already been admitted into probate, you will have 120 days from the date of admission to file your will contest. For trusts (since they are not subject to probate), you will have the later of 120 days from the date of notification by the trustee or 60 days from the date you receive a copy of the trust instrument to file your trust contest during that 120-day period, whichever is later.Â
Remember that paying attention to will and trust contest deadlines is crucial in obtaining the outcome you want. Â
How to Prove Undue Influence in Contracts
Proving undue influence in contracts, such as deeds, titles and powers of attorney, can be slightly more complicated than proving undue influence in wills and trusts, because contracts may not be as easy to track down. Â
For example, if a bad actor had unduly influenced their victim to sign a power of attorney, there may be no record of the document, since powers of attorney are not required to be lodged with the county clerk’s office in the same way wills are. It’s possible the victim could be in possession of the power of attorney, or if they died, perhaps their executor or trustee found it, but again, there is no guarantee.Â
That said, just because the document can’t be found, it does not mean that undue influence didn’t occur or that it can’t be proven. You will merely have to look for evidence of undue influence elsewhere. As an example, if an attorney-in-fact used their powers of attorney to unlawfully transfer the victim’s property, you may be able to find the deed to the property at the county clerk’s office. Likewise, you may be able to review their will or trust to determine whether they’d previously had different plans for disposing of the property.Â
As for the other ways to prove undue influence in contracts, they are similar to the ways of proving undue influence in wills and trusts, since the elements of undue influence remain the same across the board. Â
You should start by finding out about the victim’s capacity, and whether they were more susceptible than the average person to undue influence. In general, if a person lacks capacity, they cannot legally contract. If such a person proceeds to sign a power of attorney or another legally binding contract, that document generally would not be regarded as valid by the court. Â
Next, you should speak to the victim’s loved ones about who they were spending time with, working with, and receiving advice from. This may provide clues about who could have coerced them into signing a contract that was not in line with their best interests. Â
If all of this sounds overwhelming, remember that an attorney can complete all these steps for you. Â
Undue Influence in Gifts & Transfers of Property
If undue influence caused a victim to give away or transfer their property against their own free will, you can try to recover the unlawfully taken property and possibly even damages by proving that undue influence took place.Â
While the smoking gun in undue influence cases involving gifts and transfers of property is a missing asset, that will not be enough to prove undue influence, because the victim could have intended to give away the asset in question. Â
Just as you would for other types of undue influence cases, you will want to gather evidence and testimony regarding the victim’s capacity, the persons with whom they regularly had been associating, their true testamentary intent (i.e., the true manner in which they wanted their assets distributed) and the extent of the alleged harm to the victim and/or their finances. Â
You also will want to try to find out whether there were any suspicious circumstances surrounding the victim at the time they were unduly influenced. For example, did they appear sickly or malnourished? If so, it could imply their caretaker was withholding medication and food from them as a form of manipulation. Were they isolating from their family and friends? If so, their influencer could have been keeping them isolated in order to carry out their misdeeds in private.Â
By hiring an attorney to help, you not only could have a better chance of securing the outcome you want, but you could significantly save on litigation costs, as they may be able to utilize shortcut procedures (called 850 petitions) to potentially recover the unlawfully taken property without full-blown litigation.Â
What to Do If You’re Falsely Accused of Undue Influence
Just because you’re accused of undue influence, it does not mean that you are guilty of perpetrating it. There are a number of reasons why you could be falsely accused, including misunderstandings and resentment.Â
That said, even if you know you are not guilty of the act you are accused of having committed, it does not mean you should not hire an attorney to defend you. The court doesn’t know your character; it only goes by the facts of the case and which side makes a more convincing argument. If you fail to present yourself in a good light, you could be held responsible for a misdeed you didn’t commit, and not only that, you could be disinherited, and/or held personally liable for paying the opposing side’s attorney’s fees and costs and possibly even damages.Â
To help your lawyer defend you or prove that undue influence did not occur, let them know if any of the conditions below apply to your case or situation:
- You have good character: You had never previously been accused of financial abuse, and there are people who can testify that you did not display coercive or manipulative behavior toward the victim.Â
- The victim disclosed their plans to others: If the victim told their loved ones that they wanted to make a gift or transfer to you, or added you to their will or trust, it could strengthen your case that undue influence did not occur.Â
- The victim consulted with an attorney or financial adviser: If the victim consulted with an attorney or financial adviser before gifting or transferring property to you, or adding you to their will or trust, then it’s unlikely undue influence occurred.Â
- The victim had capacity when the undue influence allegedly occurred: Medical records and/or testimony from the victim’s physicians can confirm the victim did not lack capacity when they finalized a gift, transfer of property or changes to their will or trust.Â
- The victim had not been isolated: There were numerous loved ones the victim was in regular contact with when the undue influence allegedly occurred.Â
- The victim had a positive demeanor toward you: The victim never had acted suspiciously with you, feared you or desired to not be around you.Â
- The victim held a strong character throughout their life: The victim did not have a history of being influenced, and was rigid in their ways.Â
If any of the bullets apply to your or the victim’s situation, your lawyer can find evidence to support these claims to bolster your case. Be sure to be as detailed as possible when discussing your character, the victim’s character and the relationship you shared with the victim with your lawyer. The more your lawyer knows, the more ammunition they will have to shoot down the opposing side’s false accusations.
Keystone’s Successful Undue Influence Cases
Even though undue influence can be difficult to prove, Keystone has an excellent track record for not only proving undue influence, but also reversing the damage it caused. Read short summaries of some of our notable undue influence cases below.
“Caregivers” Unduly Influence Decedent to Steal MillionsÂ
In this case, which was a resounding victory for Keystone, we helped our client bring her deceased brother’s financial abusers to justice. These abusers were posing as her brother’s “caregivers,” when in reality, they were trying to take advantage of him financially because he lacked the capacity to protect himself against bad actors due to severe mental illness. Their abuse began when they moved into his mansion and gradually started to take control of his life. One of the main tactics they used to do this was undue influence.Â
One of the caregivers, for example, unduly influenced the decedent to sign a power of attorney that granted him access to the decedent’s finances and medical records. Even though the decedent had intended for the power of attorney to remain in effect for only a temporary time period, the caregiver remained using the power of attorney for the entirety of their relationship and even after his death to siphon millions of dollars from the decedent’s financial accounts. Â
But this wasn’t even the worst of it. These pseudo-caregivers were providing the decedent with mind-altering substances that were causing his physical and mental health to decline. Eventually, the decedent succumbed to his health issues, and the caregivers, who had been evicted from the home not long before, moved back in, claiming that it had been gifted to them by the decedent. They stole valuable property from the home and even financial documents to hide their crimes. Â
Given these complications, it was difficult for Keystone to prove these caregiver’s financial crimes, but our efforts paid off, because the caregivers not only had to pay back what they owed to the decedent’s estate, which was about $2 million, but they also had to pay an additional $1 million in damages. They also have been criminally charged to boot.Â
Read the full case study to learn the details of the case.Â
Opportunistic Son Unduly Influences Mother to Execute New TrustÂ
In this case, Keystone’s clients were the grandchildren of a decedent who had been disinherited due to false allegations of elder abuse made by the decedent’s estranged son, who had reemerged in the decedent’s life toward the last few months of her life to try to get himself named as the sole beneficiary of her trust. Â
The decedent had named our clients as the primary beneficiaries of her trust because she had practically raised them, and they had been taking care of her during the later stages of her life. But the decedent’s estranged son did not take this into consideration when making false claims against them in order to obtain temporary conservatorship, and later permanent conservatorship, over the decedent. Â
Once the decedent was under her son’s care because of the conservatorship he established, he unduly influenced her to go with him to his estate planning attorney to execute a new trust that named him as the sole beneficiary. When our clients learned that they had been cut out of the decedent’s trust, they immediately sensed that something was not right and got in touch with our firm to get to the bottom of what had happened.Â
Ultimately, we were successful in defending our clients against the false allegations of elder abuse, which enabled them to receive the majority of the decedent’s assets once the case settled at mediation. As for the trust that was obtained as a result of undue influence and a few days before the decedent’s death, Keystone argued that it was invalid on account of the decedent having signed it while under a conservatorship, which suggested that the decedent had lacked the capacity to execute a new trust.Â
Read the full case study to learn the details of the case.Â
Caregiver Unduly Influences Decedent to Sign Away All His AssetsÂ
In this case, Keystone’s client was the half-brother of a decedent and one of his only remaining heirs. Despite this fact, he had received nothing from the decedent’s estate, even though it had been years since his brother’s death. What aroused his suspicions and caused him to retain our firm was the strange behavior of the decedent’s former caregiver and financial adviser.Â
When our client came to us, he lacked any information about the decedent’s estate, but through litigation and discovery, Keystone made some surprising findings. We learned that the caregiver had used a power of attorney to transfer a valuable real property asset belonging to the decedent into a trust that named her as the sole beneficiary and trustee. She also had drafted the decedent’s will (which named her as the sole beneficiary) in her own handwriting, claiming that the decedent had been unable to write and had dictated the terms of the will to her.Â
The client wanted our help to invalidate both the will and trust on the grounds of undue influence and lack of capacity, and in the case of the will, lack of due execution as well. Furthermore, the client wanted the caretaker to be wholly disinherited on account of the elder financial abuse she had perpetrated.Â
In the end, we helped our client arrive at a favorable settlement in which he received the majority of the decedent’s liquid assets, as well as an additional settlement sum that the caregiver had to pay Keystone’s client.Â
Read the full case study to learn the details of the case.Â
Son Unduly Influences Mother to Cede Control of Her Primary Asset Â
In this case, our client’s son proved that even one’s own children sometimes can’t be trusted when it comes to financial matters. Our client came to us after she discovered that she’d lost control of the primary asset in her trust, which was a real property that had been providing her with a steady income that she needed for her living expenses. Â
She had lost control of this asset after her son unduly influenced her to execute a Qualified Personal Residence Trust (QPRT) and sign a deed transferring the property from her existing trust into the QPRT, which would place him control of it, since he was the trustee of the QPRT. Â
The client was rightfully apprehensive about her financial affairs, especially because her son was misappropriating money from the QPRT for his own benefit. She was seeking to both suspend her son as trustee and have the trust invalidated or revoked. Â
Upon presenting compelling arguments to the court to demonstrate that our client had been unduly influenced and financially abused by her son, the judge suspended the son as trustee at the initial hearing, appointing a private professional fiduciary to serve as an interim trustee until a permanent resolution could be reached. In the end, Keystone’s lawyers convinced the son to agree to a settlement that required him to invalidate the QPRT and return control of the assets in the QPRT to his mother.Â
Read the full case study to learn the details of the case.Â
Removal and Surcharge
When an executor or administrator fails to be diligent and/or ethical in carrying out the duties of their role, a petition can be brought to try to remove and surcharge them. Perhaps the executor or administrator sold estate property for below fair market value. Perhaps the executor or administrator is making unilateral decisions that are financially harming the estate without notifying beneficiaries. Perhaps the executor or administrator has been using estate funds for personal gain. These are all reasons to hire a Los Angeles estate attorney to petition the court to have the executor or administrator removed and potentially surcharged.
Because the person who has been appointed as the executor was generally named by the decedent in their will, the court will try to uphold the decedent’s wishes and keep them in their role unless blatant misconduct is proven or the estate will be subject to immediate harm if removal is not granted. Needless to say, removing and surcharging an executor or administrator can be challenging, so it is best to bring this kind of petition with help from a skilled Los Angeles estate lawyer.
Elder Financial Abuse
Much Los Angeles estate litigation involves elder financial abuse. When a person grows old and starts to lose competence, they become more vulnerable to financial exploitation. Unfortunately, elder financial abuse frequently goes undetected during a person’s lifetime and only comes to light after they have died. One of the most common ways this type of abuse manifests is through a decedent’s estate plan. Perhaps they drastically changed it at someone’s urging, or they were defrauded out of large sums of money, which substantially decreased the value of their estate. When financial abuse is evident, the best option is to turn to a Los Angeles estate lawyer, who can help investigate the claim.
Financial elder abuse claims can be tough to prove considering that much of the time, the elder is not around to testify to the abuse; therefore, they tend to be most successful when litigated by an experienced Los Angeles estate lawyer. A successful claim can mean recovering the property that was lost, as well as damages.
Spouses, Children and Unmarried Couples
California is a community property state, which means the surviving spouse of a decedent is usually guaranteed half of all property acquired over the course of a marriage regardless of which spouse acquired it. If the spouse of a decedent does not stand to receive at least half of all community property, it is crucial they speak with a Los Angeles estate attorney about their rights. A Los Angeles estate attorney will have a breadth of knowledge surrounding California’s marital property laws.
Unlike spouses, who may have community property rights to the assets, children and unmarried couples are not automatically guaranteed an inheritance, although they are certainly permitted to fight for one if they believe they are entitled to a share of the estate. Because the laws governing the inheritances of children and unmarried couples are a little more complex than those governing the inheritances of surviving spouses, children and unmarried couples will want to consult with an experienced Los Angeles estate lawyer if they wish to enforce their inheritance rights.
FAQs About Proving Undue Influence
Check out the answers to our FAQs below to learn about topics that may not have been covered in this article. If you continue to have questions or wish to discuss the specifics of an undue influence case with a qualified attorney, don’t hesitate to request a free consultationÂ
From our experience, there is always evidence. You just may not know where to look for it or how to obtain it. This is why it’s recommended you work with an attorney if you have an undue influence case on your hands.Â
If evidence isn’t readily available, your lawyer can track down evidence through litigation and discovery. We can do everything from securing and analyzing financial documents and medical records, to conducting interviews, to forensically imaging and analyzing cell phones and computers to get you the proof you need to prove undue influence and give you the best chance of winning your undue influence case.Â
As we discussed in the last response, it is not recommended for you to try to prove undue influence without an attorney. While there is nothing stopping you from going about the process on your own, you may be disappointed with the results, particularly if you don’t have prior legal experience or knowledge.Â
Undue influence is complicated to define, and even more complicated to prove. While the California Welfare and Institutions Code has done a good job providing clarity on what undue influence is and the factors that should be considered in determining whether a result was obtained through undue influence, it still leaves a lot open to interpretation.Â
For example, how does the court decide whether excessive persuasion occurred, and not just ordinary persuasion? How does the court decide how vulnerable a person is to undue influence? How does the court decide whether the actions and tactics of the influencer were used to obtain a particular result? Â
While undue influence can be proven in some cases with direct evidence, most undue influence cases rely on circumstantial evidence, which means that the evidence you present should be highly compelling and there should be lots of it. If this sounds overwhelming, that’s because it is. The good news is that lawyers are always available to help.Â
If you win your undue influence case, the outcome generally will be for the result produced by the undue influence to be reversed. Â
As an example, if a will or trust was amended as a result of undue influence, the amendment generally will be invalidated, causing the assets included in the amendment to either be distributed in accordance with a prior version of the document or the laws of intestate succession. In will or trust contest cases, the influencer also could potentially be disinherited if undue influence or elder financial abuse is proven.Â
As another example, if a person’s property was wrongfully taken as a result of undue influence, the influencer generally will be ordered to return the property, and possibly even pay damages. Damages sometimes can be doubled or tripled in situations involving elder financial abuse.Â
If you work with a lawyer on your undue influence case, they will be able to provide you with the best possible outcomes for your case.Â
No, the elements of undue influence remain uniform across the board, whether you are dealing with contract law, trust and will disputes, or property disputes. Â
Struggling to prove undue influence? Let us take care of that for you.
Proving undue influence is no easy feat because of the sheer number of factors you will have to address over the course of your case.Â
As a probate firm, undue influence cases are our bread and butter, and we have an excellent track record of securing favorable outcomes for our clients. Â
Learn how our brilliant team of attorneys can help you with your undue influence case by requesting a free consultation today. Â
