What Constitutes Undue Pressure or Influence?

Executive summary

• Undue influence is distinct from standard influence in that it may involve malicious intent that takes advantage of a will’s creator, known as a testator, or compromises their free will.
• Undue influence in the creation of a will is reason to invalidate parts or all of a will.
• Proving undue influence often requires gathering a significant amount of circumstantial evidence and identifying important elements that signify the potential for malicious influence against a testator. 
• If you believe undue influence or fraud is a factor in a loved one’s estate, you should contact a probate litigation attorney as soon as possible.  

Introduction

In many ways, some influence is a natural part of the estate planning process. For example, if a son is super excited about his dad’s treasured car, he may consistently urge his dad to leave the car to him one day. This kind of influence is somewhat a given and is harmless as long as his father is of sound mind and happy to leave the car to his son in his will. However, if someone influences a will’s creator maliciously or takes advantage of their vulnerability to an extent that it overrides that person’s free will, it can be considered undue influence. 

Undue influence or pressure is a legal cause of action that can be used to invalidate a will or trust in most states, including California and Texas. You can also challenge beneficiary designations for payable-on-death bank and securities accounts in some states. 

If you can prove undue influence, a probate court may be forced to invalidate an entire will or estate plan. Alternatively, if only portions of the will were altered as a result of undue influence, the court can only strike one or a few provisions.

What is undue influence? 

Undue influence is distinct from standard influence in that it involves action from another party against the creator of a will, known as a testator, that may affect their free will or cause them to act without understanding the consequences of their actions. The key element in an action of undue influence is that it often results in the contradiction of the wishes of the will’s creator.

Some of the elements that may be characteristic of an undue influence case include: 

• A close relationship between the influencing party and the testator
• Manipulation tactics or coercion used against the testator
• Signs of an individual isolating the testator 
• Secrecy in actions like will amendments and probate administration
• An individual that is vulnerable in some way to outside influence or manipulation

A common example of undue influence might include a family member taking advantage of a relative with dementia by manipulating them into changing their will to benefit them with a greater inheritance. Another example may include a family member or caregiver threatening to withhold care from an individual unless they receive a larger share of the inheritance.

Potential outcomes of an undue influence claim

Whether undue influence actually occurred or not, an undue influence claim can have significant consequences on both an estate plan and the family. An act of undue influence can affect family relationships, leading to feelings of betrayal and potentially affecting their access to an inheritance.

Undue influence in a will or trust can lead to disputes surrounding a loved one’s wishes and result in the unjust theft of someone’s rightful inheritance. If the accusing party is successful in proving undue influence, it could result in the court deciding to invalidate all or part of a will, whichever portions may have been the result of undue influence.

Regardless of the outcome, it can lead to tension between beneficiaries. From the stress of a potential court battle to the feelings of betrayal, an undue influence claim provides a significant challenge during an already emotional time.

How do you prove pressure or influence in a will?

Undue pressure claims hinge on the relationship between the deceased and the person accused of misusing their influence to better themselves in the will or trust. However, proving such a relationship often requires developing a comprehensive case that involves identifying substantial circumstantial evidence that indicates undue influence.

Key elements required to establish an undue influence claim

Not all cases of undue influence follow the same template, but they are often related based on the foundational elements. To establish an undue influence claim generally, there are two main points to prove to succeed:

• The person accused of undue influence had a close and trusting relationship with the deceased.
• The person used this position or relationship to overwhelm the willmaker’s free will and significantly benefit themselves in the will, trust, or beneficiary designation(s).

So, if you assert that your loved one’s new significant other exerted undue influence over them, but they received little to nothing after your loved one’s death, your challenge will likely fail. However, the recipient need not receive a certain amount or percentage of an estate for a claim of undue influence to succeed. Another key element in most undue influence claims is showing the “inequity” that would result from the undue influence, namely that the new dispositive provisions of the estate plan are unfair.

Gathering evidence for your case

Disputing a trust or will because of undue influence typically requires you to use circumstantial evidence. Very rarely will there be direct evidence of undue pressure, such as the stereotypical smoking gun email or text message.

As a result, building a strong enough case to assert undue influence often means gathering as much circumstantial evidence as possible. Valuable evidence may include the following: 

• Communications between the testator and the accused influencing party
• Eyewitness accounts of the relationship between the alleged perpetrator and the victim
• A record of changes made to an individual’s will
• Previous documentation that shows the initial intentions of the alleged victim
• Medical records that demonstrate the mental incapacity of the testator

Factors to consider in your claim

Because undue influence requires as much evidence as possible, establishing a claim includes building the context around the potential influence to substantiate your evidence.

An undue influence claim will require looking at multiple factors, including:

• The relationship between the influencer and the deceased.
• The length of the influencer’s relationship with the deceased.
• The timing of the creation or change of the will or other inheritance designation.
• The deceased’s mental capacity, health, and independence.

The goal of any undue influence claim is to prove that the influence was malicious and against the will of the person who created the estate plan. The evidence you gather and the factors surrounding the case should demonstrate that a person intentionally used their position of trust to overcome a testator’s free will for the sake of personal gain.  

In our case study from above, Roger’s sons, Harrison and Greg, were able to compile a substantial sum of circumstantial evidence to establish Julian as a perpetrator of undue influence. The two sons contested the will in court, citing that Julian had a unique position to influence his father and that he ended up receiving a significant advantage through an increased inheritance thanks to the change in the will.

As evidence, they presented testimony from other family members, emails that described his intention to split his assets between all three sons, and a copy of the original will highlighting that intention. They also pointed out that the key change to the will occurred after Roger’s health declined, demonstrating his vulnerability to influence. 

All together, they were able to establish the key elements of undue influence, resulting in a successful contest of the will. As a result, the probate court voided the new, influenced document and reinstated the original will to guide the administration of the estate, resulting in all three sons receiving an equal share of the estate.

Is Undue Pressure in a Will a Crime?

Under normal circumstances, state laws do not require a crime to be committed to prove an undue influence claim. However, there are certain instances of undue pressure that would be crimes.

For example, if the beneficiary threatened to harm, kill, or revoke needed food, medication, or treatment from the deceased, they might have committed a crime. This is especially true if the beneficiary had an elevated duty towards the deceased, such as a caregiver or guardian.

Additionally, undue influence can be committed as criminal fraud. For example, imagine a person forming a relationship with them late in your loved one’s life. If that person then makes false promises to your loved one in exchange for being named a beneficiary, they may have committed fraud. 

This could include romantic promises but more likely occurs through financial fraud. If the new person promises to double your loved one’s money so they can pass it on to you and your family members but then simply pockets the inheritance, that could be a crime.

Challenges in winning an undue influence case

Winning an undue influence case can be difficult as the burden of proof lies on the beneficiary or interested party making the claim that a will has been affected by undue influence. This burden offers two key challenges.

1. Difficulty proving undue influence

Because undue pressure claims often rely substantially on circumstantial evidence, they are generally tough to prove.  However, it is possible to shift the burden of proof to the beneficiary accused of influencing the testator. If you can show the following three elements, the beneficiary must actively rebut the presumption that they committed undue influence:

• The person is a significant and substantial beneficiary of the will or trust.
• The person had a confidential relationship with the deceased.
• The person was active in procuring the will, trust, or beneficiary designation itself or a substantial revision of an already created document. 

2. Establishing the context of the claim

Other factors come into play once the burden shifts to the beneficiary. But the main question a court will look for is the reasonableness of the will or trust itself. 

For example, contrast the following two scenarios. In the first, five days before someone dies, they update their trust to insert a beneficiary that had never before received any consideration or asset distribution. This person only met the decedent the previous month. Additionally, they leave this new beneficiary 90% of their assets.

In the second scenario, two months before the decedent passes, they update their will to give one of their four children an additional share of the estate. This child’s portion goes from 20% to 30% of the total assets.

While both cases may be instances of undue influence, the first beneficiary will have a much more difficult time overcoming the presumption they exerted too much pressure to their own benefit. 

Even with this burden-shifting in play, winning an undue pressure claim is challenging. Before taking any action, consider discussing your case with an experienced undue pressure lawyer. They can review your situation to determine the likelihood of success and advise on the best course of action to attack the will or trust.

How to navigate false undue influence accusations

Again, there is a key difference between influence and undue influence. If you have been accused of undue influence when you did not maliciously or secretly impose influence upon another party, you must be able to establish a defense against the allegations and avoid losing your stake in an inheritance. 

If you have been falsely accused of undue influence, you may be able to use the following defenses:

• The testator followed the necessary procedures to validate the will.
• You did not have a position of authority or influence over the testator.
• The testator was not vulnerable to outside influence or coercion.
• Any adjustments made by the testator were the result of their own sound choices.
• You did not substantially benefit from the alleged influence.

Whether you are an estate executor or a beneficiary accused of undue influence, you should consult a probate litigation attorney. An attorney can help you build a case to establish that your interactions with the testator were harmless and free from intentional influence.

Keys to winning an undue influence case

Because of the difficulty involved in establishing an undue influence claim, it’s important to understand how to build a strong case and avoid the key pitfalls around contesting a will’s validity to increase your chances of winning. 

Keep the following considerations in mind: 

• Avoid relying on emotional arguments – Suspecting undue influence is not enough to establish a claim, and you must have tangible evidence to highlight the potential of malicious influence.
• Gather as much evidence as possible – Because undue influence relies mostly on circumstantial evidence, it’s important to gather as many pieces of evidence as you can to support your claim.
• Maintaining organized records and timelines – Being able to provide the court with a clear sequence of events that demonstrates potential undue influence is valuable for developing a strong case.

An attorney can help establish these elements and build a formidable case that proves undue influence. If you believe that your family’s estate has been affected by undue influence, you should seek the support of an attorney as soon as possible.

How to prevent cases of undue influence

Unfortunately, you can’t control a person taking immoral action to influence another party. On the bright side, you can take several steps during the estate planning process to make undue influence more difficult and minimize the risks of it occurring.

Some steps you can take to prevent undue influence in estate planning include:

• Beginning the estate planning process early so that a testator is of sound mind to outline their wishes.
• Designating a power of attorney to manage affairs of the estate in the event of a testator’s incapacity.
• Ensuring that the testator’s wishes are well documented.
• Ensuring multiple witnesses are present for the signing of the will document and any amendments.
• Considering a medical evaluation for the testator at the time of the will’s creation to avoid accusations of undue influence.

If you have any questions about the process, you should consult a probate and estate administration attorney to offer their support. 

Navigating an undue influence claim?

Undue influence can tarnish family relationships and compromise the wishes of a decedent, so it’s important to address any case with seriousness. Overcoming the burden of proof in undue influence cases and preserving the interests of the estate may be difficult, so you should consult a lawyer for support in building your case.

Our probate litigation attorneys at RMO Lawyers have decades of experience in probate litigation and estate administration cases, and we will navigate your case with compassion and understanding. Using this experience, we’ll help you build a winning strategy to secure your rightful inheritance and protect the wishes of your loved one for their estate. 
Schedule a consultation with our attorneys at RMO so we can help you protect the interests of your estate.