As lawyers, we have heard many people tell us their version of events that led up to a wrongly created Trust or Will. And one of the main issues we try to determine is whether there are facts to support an undue influence claim.
Overturning a Will or Trust based on undue influence is not so easy. The law presumes that people understand the implications of the documents they are signing. The law further presumes that people who sign documents (1) have capacity, and (2) are not operating under undue influence. If you want to overturn a document, then you have the burden of proving these legal presumptions are invalid in your case. That can be an unfortunate burden; especially in cases where you do not have sufficient evidence to invalidate a document.
Why does the law make a presumption that documents are valid? It is simply easier to do so. If every written and signed document were presumed invalid, it would be impossible for our society to rely on any written Will or Trust. Instead, the law presumes documents are valid and it becomes your job to prove the opposite.
What must you prove to overturn a document based on undue influence? For undue influence claims you need to prove four elements:
- Vulnerability of the victim,
- Actions and tactics of the wrongdoer,
- Apparent authority of the wrongdoer, and
- Equity
We typically can take nearly any case and find some facts to fit into each of these four categories, but that is not enough to win your undue influence claim. In fact, very few undue influence claims win at trial because in most cases there is just not enough convincing evidence presented to the court. Remember, the court must receive admissible evidence to overturn a Trust or Will, merely opinion or speculation is not sufficient.
The problem lies with how you view the evidence you have. If you view the evidence in a light that is most beneficial to you, then you will likely lose your undue influence claim. If, however, you view the evidence in a light that is most beneficial to your opponent, and you still believe you have a good case, then you have a good chance of winning.
Sound confusing? Let’s talk about some specific examples.
Case Study:
Suppose that Maxine has three grandkids: Pat, Todd, and Betty. Maxine made a Will that left her estate equally to her three grandchildren. Maxine’s only child died two years ago—leaving the three grandchildren as Maxine’s only heirs. Todd happens to live with Maxine because he is unemployed. Todd has lived with Maxine for five years. Pat and Betty both resent Todd for living with Maxine rent-free, but Maxine enjoys Todd’s company.
Last month Todd started using Maxine’s credit card to buy things online. At first, Todd would ask for permission, but then he slowly started buying more things and tried to cover up his spending spree by hiding the delivery packages. After two months, Maxine reviewed her credit card statement and became alarmed at the expenditures. All told, Todd had spent over $15,000 in two months.
Maxine confronted Todd and told him to move out. Todd moved in with his girlfriend. Maxine told the other two grandchildren of her problems with Todd and they helped her pay the credit card debt and secure her credit cards so Todd could not keep using them. A year passed and Maxine forgave Todd for the spending. Around that same time, Maxine decided to change her Will. She reduced Todd’s share of the estate to 20%, and gave Pat and Betty 40% each.
Six months later, Maxine died. Todd received a copy of the new Will, that reduced his share to 20%, and he filed a will contest lawsuit seeking to restore his equal 1/3 share of the estate.
Todd’s view:
Todd claims that Pat and Betty unduly influenced Maxine into changing the Will. Todd knows that Pat and Betty both resented Todd for living with Maxine rent-free for several months. Todd believes that Pat and Betty used the credit card problem against Todd, convincing Maxine to reduce his share of the estate. Todd says that Maxine forgave him for the credit card spending and that Maxine would never treat her grandchildren unequally.
Pat and Betty’s view:
Pat and Betty claim that Maxine changed her Will on her own. Maxine was a strong-willed person, and she alone decided to reduce Todd’s share of the estate. Pat and Betty believe the reduction is justified because of Todd’s abuse of Maxine’s credit cards. In any event, Pat and Betty claim they had no involvement, and did not influence Maxine, in creating her new Will.
The Evidence:
So far, none of the facts listed under Todd’s view are sufficient to overturn Maxine’s Will. Todd believes that Maxine would not treat her grandchildren unequally, but that is just Todd’s opinion. What Todd needs is evidence.
Let’s start with vulnerability. Todd need medical evidence—meaning Maxine’s medical records. Those records could show signs of Alzheimer’s disease, dementia, stroke, or other medical conditions that could have made Maxine vulnerable to undue influence.
Next, Todd needs to show the actions and tactics Pat and Betty undertook to procure the new Will. Did Pat and Betty:
- Find a new lawyer for Maxine;
- Isolate Maxine from Todd;
- Control Maxine’s medicine;
- Control Maxine’s finances;
- Attempt to make changes to the Will at unreasonable times; or
- Attempt to make changes to the Will in haste?
In other words, what bad or nefarious actions did Pat and Betty undertake to exert undue influence? Pat and Betty are not likely to tell you these facts, so Todd has to speak with friends, neighbors, and care providers.
Next, Todd must prove that Pat and Betty had a position of authority over Maxine. The fact that Pat and Betty are Maxine’s grandchildren will help, but may not be enough to prove apparent authority. But if either Pat or Betty, or both, were agents for Maxine under a healthcare directive or power of attorney, then apparent authority could be established.
Finally, Todd must prove why the result is not equitable—meaning fair. This element is usually where clients spend their time, explaining all the reasons why the new Will is not fair. But fairness, by itself, is NOT enough to overturn the Will. It is just one factor (the last factor) in a list of things you need to overturn a Trust or Will.
Here, Todd has his work cut out for him. If Todd cannot find evidence to prove Maxine’s vulnerability to undue influence and prove the actions and tactics that Pat and Betty undertook to unduly influence Maxine, then Todd will lose.
How can you prove undue influence?
To prove undue influence, one must demonstrate that the beneficiary had some type of confidential relationship with the decedent and actively procured the will or trust instrument.
The More Evidence, The Better
A good undue influence claim will have multiple pieces of evidence for each of the four categories required to prove undue influence. By evidence, we mean the testimony of a credible witness, and credible documents (usually). The more evidence you have, the better your undue influence claim.
If, however, all you have is opinions and speculations, then your undue influence claim is not so great. You can’t just focus on the fairness, or unfairness, of the situation. You must focus on the evidence. Find the facts that can be used in court, and you have a chance to obtain a fair result. At Albertson & Davidson, our experienced attorneys is here to help you do just that. Contact us now.
