To prove undue influence, one of the four elements you must establish is that the undue influencer was in a position of apparent authority over the victim. Evidence of apparent authority includes, but is not limited to, their status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or other qualification.
Undue Influence by the law
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 is apparent authority?
When it comes to apparent authority, we are looking for a closeness of relationship to the victim. A mere friend or neighbor doesn’t cut it unless they also occupy a position of authority. A caretaker is a good example because a caretaker is someone the victim would rely on for their necessities of daily living. When you rely on someone, you develop a trust with that person that could be used to exert excessive persuasion.
The same is true of a family member. A child or a sibling can be someone who is trusted and respected. We all let our guard down around family members that we love and trust. That then gives the family member a position of authority in our lives. We tend to listen to them over others or take their advice more seriously.
Examples of undue influence
The classic example in undue influence cases is the fiduciary. Someone who is acting as a trustee, agent, conservator, etc. These people hold a position of power in the lives of the people they serve. That creates apparent authority where their recommendations may be given greater weight.
All of these relationships are ones where a victim could let their guard down and place their trust in the wrong person. That apparent authority can then be used by the undue influencer to apply excessive persuasion to overcome the victim’s free will.
Additionally, notice that the California legislature does not limit the types of apparent authority. Not only does the statute specifically state the list includes, “but is not limited to,” the items included, it also states “or other qualification.” There could be any number of relationships that form between people that don’t otherwise fit into the list set out in the statute. Maybe relationships no one has even considered. Where one person occupies a position of apparent authority over another, there could be opportunity for 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.
