Undue influence requires proof of the actions and tactics taken by the undue influencer. Actions and tactics include, but are not limited to: (1) controlling necessaries of life, education, the victim’s interactions with others, access to information, or sleep, (2) use of affection, intimidation, or coercion, (3) initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes.
Undue influence means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity. There are four factors under California Welfare and Institutions Code section 15610.70 required to prove undue influence. They are:
- The vulnerability of the victim
- The influencer’s apparent authority over the victim
- The influencer’s action and tactics, and
- The equity of the result.
What are actions and tactics?
When it comes to actions and tactics, the evidence of a successful case will typically point to actions that help the undue influencer apply their excessive persuasion. The classic example is isolation. By isolating an elder and telling them negative, inaccurate things about their children or family members it can create a false narrative that the elder is powerless to combat. When an elder cannot speak to others and try to gain clarity on the story they are being told, the natural result is a false belief that sticks with the elder and helps the influencer overcome the elder’s free will.
More examples in action
For example, if an elder has a child who was an alcoholic in their youth, but has been sober for over thirty years, an influencer may try to convince the elder that their child is drinking again even though that is false. As a result of the drinking, the child is going to be foolish with money, only spend it on alcohol, and will likely waste the elder’s money that she saved over many years. Over time, the influencer slowly introduces the idea that the elder should leave the estate to them so they can monitor the child, make sure they don’t waste her money, and they will decide when and if the child receives anything. This may sound reasonable if you believe the false narrative. The influencer then blocks access to the elder so the child cannot visit her or talk to her on the phone. That prevents the elder from seeking confirmation of the story or finding out that it is false.
Actions and tactics can take many forms. The California legislature was smart to recognize that the list of action and tactics in Section 15610.70 is not a limited list, but rather illustrative of the most common types of actions people use when perpetrating undue influence.
So, how do you prove a change to a trust or will was caused by undue influence and not the free will of the elder? That’s where you have to hire an experienced law firm that knows how to handle a trust or will contest based on undue influence.
Don’t be an abused beneficiary
Our attorneys have taken action against hundreds of trustees for abusing their beneficiaries. We’ve also recovered more than $300 million and helped hundreds and hundreds of clients regain their dignity as a trust or will beneficiary through litigation – if you believe you’ve been the victim of inheritance abuse, tell us your story to see if your case qualifies for a free consultation. We’re here to stand, fight and win for you.
Call (877) 408-3813 or reach out online to consult a trust contest lawyer.
