The legal definition of undue influence is when one party exerts excessive pressure on another, undermining their free will, in the context of wills. This often involves a caregiver, such as a son or daughter, or even a new spouse. In essence, it is exploiting a senior’s vulnerabilities because their ability to stand up for themselves fully, like they would have decades earlier, is compromised because of their age.
Elements
To establish a claim of undue influence, courts typically look for four factors:
- There was a relationship of trust and confidence between the senior and the alleged influencer. This can be a familial bond or a caregiver relationship.
- The influencer had the opportunity to exert influence on the senior individual, such as being present when the will was drafted or signed.
- The will disproportionately benefits the influencer over other beneficiaries, especially if you compare it to previous wills. A significant shift in asset distribution can be a sign of manipulation.
- The senior citizen was not given the opportunity to receive independent legal advice when making changes to their will.
Evidence
Courts also rely on evidence to establish whether there was undue influence. This can include witness testimony, medical records and previous wills that show a significant shift while the senior individual was in the care of the influencer only.
Capacity
There is an important difference between undue influence and testamentary capacity. The court will determine whether the senior citizen had the mental capacity at the time the will was changed by asking questions such as:
- Did the person understand what they were doing and the consequences of their actions?
- Do medical records, witness testimony and expert evaluation show mental incapacity?
Formalities
Finally, the court will want to know if the will was executed properly according to California’s legal requirements. Proper documentation, signatures and witnesses all lend credibility to the will, in addition to making it enforceable, so the court will look into the documents and formalities.
Courts employ a multifaceted approach to determine if a senior citizen was manipulated into changing their will. By looking at the individual’s close relationships, the circumstances on their life before they passed (new friendships, recent marriage) and by evaluating their mental capacity, specifically behavioral changes that could show coercion, the court aims to protect the rights and intentions of vulnerable individuals.