What Does ‘Undue Influence’ Mean in the Context of Estate Planning?

In estate planning, “undue influence” occurs when a person tries to manipulate someone into creating an estate planning documents that benefits the manipulator. When these coercive tactics alter a trust or will, the vulnerable person’s true wishes may not be carried out.

Arizona probate courts take undue influence seriously. To protect against it, you should know the term’s definition as well as how to identify it, how to prove it, and the role an experienced estate litigation attorney can play in helping you. This guide from Mushkatel, Gobbato, & Kile, P.L.L.C., offers all that information and more.

What Is Undue Influence?

Undue influence occurs when one person uses pressure, coercion, manipulation, or deception to override another person’s free will and decision-making. In estate planning, it typically involves someone influencing a person to change or create the terms of a will or trust to alter the distribution of assets in their favor.

When identifying potential undue influence, Arizona courts look for evidence that a person’s decision-making was compromised. The influence must be more than ordinary persuasion or advice. It must overpower the free will of the testator. In other words, if undue influence played a part in creating the estate plan, the person making it did not act according to their own desires.

Is Any Influence Considered Undue Influence?

Not all influence counts as undue influence. Friends, family members, and advisors often offer guidance or suggestions during the estate planning process. Courts recognize that these types of influence are normal and generally acceptable.

Undue influence crosses the line when it involves manipulation, threats, pressure, or exploitation of a person’s vulnerability. For example, if someone pressures an elderly individual with declining mental faculties to change their will in their favor, this may qualify as undue influence.

What Are Some Examples of Undue Influence in Arizona Estate Planning?

Undue influence cases can take many forms, such as the following:

• Isolation from friends and family – A manipulative individual may limit the testator’s contact with supportive family members or friends who might provide guidance or alternative viewpoints.
• Excessive control over daily life – Caregivers or relatives who dominate daily routines may gradually pressure the person into making decisions they would not have made otherwise.
• Exploitation of vulnerability – Individuals who are sick, elderly, or mentally impaired can become targets for manipulators looking to influence estate planning in their favor.
• Coercion or threats – Threats, excessive pressure, intimidation, or emotional blackmail to force someone to change their estate plan typically qualify as undue influence.
• Unfair gains for the influencer – When someone receives a disproportionate benefit in a will or trust, particularly if they were in a position of trust or authority, courts may consider the possibility of undue influence.

Who Has the Burden of Proof in Undue Influence?

In Arizona, the burden of proof primarily lies with the person challenging the estate plan. So, if you believe someone drafted a will or trust under undue influence, you must present convincing evidence to support your claim.

Standing alone, benefiting from a will or trust does not amount to undue influence. To prove it, you must demonstrate that another individual’s manipulation or coercion influenced the testator’s estate plan. The evidence may include:

• Documentary evidence, like correspondence and financial records
• Witness testimony, including those who witnessed undue influence
• Comparisons of the testator’s behavior before and after the alleged manipulation
• Medical records showing the testator’s vulnerabilities.

How Do You Prove Undue Influence?

Proving undue influence on wills and trusts can be a challenging task. Courts typically examine several factors when determining whether influence was improper, including:

• Vulnerability of the testator – Proof that the testator was elderly, ill, mentally impaired, or otherwise vulnerable to manipulation can support a claim.
• Opportunity and access – Showing that the influencer had close access to or control over the testator’s daily life can show their ability to manipulate.
• Unusual or suspicious changes – Abrupt or unexpected changes to a will or trust, particularly when they favor the influencer, may indicate undue influence.
• Isolated decision-making – Courts may view it as suspicious if the testator quietly made important decisions without consulting trusted loved ones or advisors.
• Direct evidence of manipulation – Emails, text messages, witness testimony, or other documentation can serve as strong evidence.

What Should You Do If You Suspect Undue Influence?

If you suspect that someone is exerting undue influence over an estate planning decision, taking immediate action is crucial. Be sure to do the following:

• Gather evidence – Keep careful records of all interactions with the suspected influencer that may indicate pressure or manipulation, including any changes to documents, and preserve all communications, such as texts and emails.
• Seek a vulnerability assessment – If the testator’s vulnerability is a factor, you need documented proof of it. Obtain a professional medical or psychological evaluation that demonstrates the testator’s diminished capacity.
• Avoid confrontation alone – Emotions can run high in these situations, but confronting the suspected influencer without legal guidance can easily backfire. Remain calm and civil, and continue gathering evidence.
• Consult an attorney – A skilled estate litigation lawyer at Mushkatel, Gobbato, & Kile, P.L.L.C., can evaluate your situation and explain your options.

How Can a Lawyer Help When Undue Influence Issues Arise?

An experienced attorney can play a critical role in addressing undue influence. When you work with our legal team, we can help you by:

• • Reviewing wills and trusts for signs of undue influence
  • Gathering evidence, including financial records, correspondence, witness testimony, and vulnerability assessments
  • Obtaining court orders to freeze financial transactions while the dispute is investigated
  • Consulting knowledgeable professionals to strengthen your case, such as medical professionals and forensic accountants.
  • Representing you in court, if necessary
  • Correcting estate plans after resolving undue influence concerns.

Contact an Arizona Estate Planning Attorney

If you suspect that undue influence has impacted a loved one’s estate planning, you have legal options. The team at Mushkatel, Gobbato, & Kile, P.L.L.C., has over 50 years of combined experience ensuring that estate plans accurately reflect the testator’s genuine wishes. Our past clients thank us not only for our skilled legal guidance but also for the compassionate support we provide when they face challenging and emotional legal issues. Contact us today for your consultation.

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