What is Undue Influence?
When it comes to estate planning, the risk of undue influence is a significant concern. How can you protect yourself or a loved one if you suspect someone has unfairly influenced a will or trust?
In California, estate documents like wills and trusts can be challenged if they were created under undue influence. Here’s a closer look at what undue influence entails and how California law addresses it.
Understanding Undue Influence in Estate Planning
In California, undue influence refers to a situation where a person is coerced or manipulated into making estate decisions that they wouldn’t make on their own. According to Section 15610.70 of the California Welfare and Institutions Code, undue influence is defined as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.” Essentially, undue influence substitutes the victim’s wishes with the influencer’s desires.
Recognizing the Factors of Undue Influence
To determine if a will or trust was created under undue influence, courts examine the following factors:
- Victim’s Vulnerability: The physical or mental state of the person at the time.
- Influencer’s Authority: Whether the influencer held a position of power or trust (e.g., caregiver, lawyer).
- Actions of the Influencer: Tactics used, including control of basic needs or leveraging affection or intimidation.
- Equity of the Outcome: If the result seems disproportionately favorable to the influencer.
These factors are assessed together to establish undue influence, as an inequitable outcome alone is insufficient to prove undue influence.
Shifting the Burden of Proof
In California, the burden of proof for undue influence typically rests on the person challenging the will or trust. However, this burden can shift to the alleged influencer if three specific elements are present:
- Confidential Relationship: The influencer had a close relationship with the decedent, such as a caregiver, doctor, or lawyer.
- Active Participation: The influencer was involved in preparing or executing the estate document.
- Undue Benefit: The influencer stands to receive an uncommonly large portion of the estate.
If these criteria are met, the burden shifts to the influencer to prove that they did not exert undue influence, which can be challenging.
Prohibited Transferees
California law automatically assumes undue influence when a prohibited transferee is involved. Prohibited transferees include:
- The person who drafted the document.
- Relatives or employees of the document’s drafter.
- Caregivers, if the individual receiving care is classified as a dependent adult.
Exceptions apply for certain family relationships, such as when a child drafts a will for their parent. However, gifts to prohibited transferees generally face significant legal scrutiny.
Common Misconceptions About Undue Influence
It’s important to note that not all influence is undue. California law allows people to make decisions about their estates, even if others don’t agree with those choices. Merely influencing someone’s decision or an uneven estate distribution does not automatically indicate undue influence.
Final Thoughts: Why Seek Legal Advice?
Undue influence claims can be complex and require careful examination of various factors. Each case is unique, and an experienced estate planning attorney can help you navigate California’s specific requirements to determine if undue influence occurred.
If you’re concerned about undue influence or need guidance on estate planning, consulting an attorney can ensure your interests are protected and help you achieve the best outcome.
