When someone manipulates a vulnerable person into changing their estate plan, affected family members may challenge the documents based on undue influence. These claims allege the testator's true wishes were overridden by improper pressure. Proving undue influence requires showing the influencer substituted their intent for the testator's.
What Is Undue Influence?
Undue influence occurs when someone uses their relationship with a vulnerable person to overcome that person's free will and direct their estate plan. The result is an estate plan reflecting the influencer's wishes rather than the testator's genuine intent.
Undue influence is different from mere persuasion or advice. Family members can advocate for themselves and suggest estate planning approaches. The line is crossed when pressure becomes coercive and the testator can no longer freely decide.
Common Patterns
Undue influence often follows recognizable patterns. A caregiver isolates an elderly person from family and friends. A new romantic interest appears shortly before death. An adult child moves in and controls access to the parent. These situations create opportunity and motive for manipulation.
Warning signs include sudden changes to long-standing estate plans, exclusion of natural heirs without explanation, new documents benefiting someone in a position of trust, secrecy around estate planning, and the influencer's involvement in creating or signing documents.
Elements of Undue Influence
While requirements vary by state, proving undue influence typically requires showing the testator was susceptible to influence (due to age, illness, grief, isolation, or dependency), the influencer had opportunity to exert influence, the influencer had disposition or motive to influence, and the result appears to be the product of undue influence—the estate plan is unnatural or unexpected.
No single factor is dispositive—courts look at the totality of circumstances.
Confidential Relationships
A confidential relationship exists when one person trusts another to an unusual degree or when one person has power over another. When someone in a confidential relationship benefits substantially from an estate plan, some states presume undue influence.
Confidential relationships include attorneys and clients, caregivers and patients, financial advisors and clients, and sometimes family members with control over a dependent relative. The beneficiary must then prove the transaction was fair and the testator acted freely.
Gathering Evidence
Document the circumstances surrounding estate plan changes. Relevant evidence includes medical records showing cognitive decline, witness observations of the relationship dynamic, testimony from those who knew the testator's true wishes, evidence of isolation from family and friends, the influencer's involvement in preparing documents, and the attorney's notes from estate planning meetings.
Bank records showing financial exploitation, emails or texts revealing manipulation, and testimony from caregivers or neighbors can all support claims.
The Attorney's Role
Estate planning attorneys are trained to watch for undue influence. Attorney testimony about their observations during document preparation can be powerful evidence either way. If the attorney met privately with the testator and found them competent and freely acting, that supports validity.
If the influencer was present during planning meetings, selected the attorney, paid for services, or rushed the process, those facts support undue influence claims.
Burden of Proof
Generally, the person challenging the estate plan bears the burden of proving undue influence. This burden can shift when a presumption of undue influence applies—when confidential relationships and suspicious circumstances exist. Then the beneficiary must prove the testator acted freely.
Distinguishing From Lack of Capacity
Undue influence and lack of testamentary capacity are distinct claims, though often alleged together. Capacity asks whether the testator was mentally able to understand their estate plan. Undue influence asks whether someone overcame the testator's will—even a competent person can be unduly influenced.
A person with dementia might lack capacity but also be subject to undue influence. Alleging both provides alternative grounds for challenging documents.
Settlements and Litigation
Many undue influence cases settle before trial because outcomes are uncertain and litigation is expensive. Settlements often provide something to excluded heirs while allowing the alleged influencer to retain a portion of the inheritance.
Getting Legal Help
Estate litigation attorneys specialize in proving or defending against undue influence claims. They understand what evidence matters, how to present circumstantial cases, and how to navigate probate court procedures. Given the complexity and emotional stakes, professional representation is essential.