In specific situations, some people can become targets of financial abuse because of their age or impairments. The risks can be more apparent for elders who rely on others daily. These individuals can be vulnerable to distinct types of manipulation, such as undue influence when drafting a will or creating an estate plan.
California law defines undue influence as any form of intense persuasion or coercion that forces someone to behave or act a certain way, bending their free will to act according to another’s wishes. Undue influence is a real risk but can be hard to prove. Still, specific elements can be enough reason to suspect that undue influence exists in a situation, such as:
- Evident vulnerability of the victim, usually caused by impairments or age deeming them incapacitated
- The influencer’s apparent status and authority over the victim, be it a relationship as a fiduciary, family member, advisor or caretaker
- Behavior or misconduct that may come off as enforcing control over the other person, such as using affection, sensitive information and the victim’s needs for manipulation
- The outcome, which may have an unfair economic impact affecting the victim and their beneficiaries or family members
Other types of evidence can also support any suspicions of undue influence, depending on the circumstances.
Contesting because of undue influence
When someone dies, contesting their will for suspicions of influence can be a significant challenge. There is no guaranteed approach to support these disputes, usually warranting experienced counsel even before kicking off probate.
However, practical legal guidance can help evaluate these concerns, helping people make informed decisions before contesting the will. Insight can also be beneficial when determining other appropriate ways to address these issues, whether in or out of court.