Undue influence can turn a family’s grief into confusion, frustration, and legal conflict. It happens when someone pressures or manipulates another person—usually a vulnerable elder—into changing their will or trust. These situations often come to light after a death, when heirs question whether the estate plan truly reflects their loved one’s wishes.
At OC Trial Group, APC, we help families and individuals understand what undue influence looks like and the legal steps available to them. Whether you’re contesting a will or defending against accusations, we’ll work with you to uncover the facts and protect your rights.
What Is Undue Influence?
In the context of wills and trusts, undue influence refers to the use of excessive pressure to override someone’s free will in making estate decisions. This influence doesn’t need to be aggressive or loud—it can come from subtle manipulation, emotional dependency, or even isolation from loved ones.
For example, a caregiver might slowly gain control over an elderly person’s life and convince them to disinherit family members in favor of the caregiver. While people are free to leave their assets however they want, those decisions must be made freely and knowingly. When that freedom is taken away, a will or trust may be contested on the grounds of undue influence.
Signs That Undue Influence May Have Occurred
In many cases, the influence isn’t apparent until the will or trust is read. Some common warning signs include:
- A sudden or unexpected change in how assets are distributed
- A new beneficiary who wasn’t previously involved in the person’s life
- The removal or disinheritance of long-standing heirs
- An elderly or ill person becoming isolated from their usual support network
- A caregiver, advisor, or relative taking over financial decisions near the end of life
These red flags often raise valid concerns. If you notice one or more of these signs, it may be worth taking a closer look at what influenced your loved one’s estate planning choices.
Legal Standard in California
California courts follow specific legal guidelines to determine whether undue influence occurred. Under the California Probate Code, courts will look at several factors, including:
- Whether the person was vulnerable due to age, illness, or cognitive decline
- Whether the influencer had authority or control, such as being a caregiver or power of attorney
- Whether the influencer took actions that pressured or manipulated the decision-maker
- Whether the outcome of the estate plan was unfair or unexpected
The presence of these factors doesn’t automatically prove undue influence, but taken together, they can form the basis of a strong legal claim. Ultimately, the court will look at the full picture, including documents, witness accounts, and patterns of behavior.
Challenging a Will or Trust Based on Undue Influence
If you believe a will or trust was the result of undue influence, you may have legal grounds to challenge it. This type of legal action is typically brought by someone who would have received an inheritance under a prior version of the estate plan or through intestate succession.
The court will examine the circumstances surrounding the estate plan’s creation. Helpful evidence can include:
- Medical records showing mental or physical vulnerability
- Testimony from family, friends, or medical professionals
- Emails, letters, or voicemails showing pressure or control
- Suspicious timing of changes to the estate plan
If the court determines that undue influence occurred, it may invalidate all or part of the trust or will, restoring the estate to a prior version or to the default rules under California law.
How We Can Help
Undue influence claims can stir up strong emotions and often involve deeply personal family matters. At OC Trial Group, APC, we understand the legal and personal sides of these disputes.
We represent clients on both sides of the issue—those bringing claims and those defending against them. Our role is to evaluate your position, gather evidence, and build a strategy that reflects your goals and the realities of the case.
When needed, we work with forensic specialists, medical experts, and investigators to provide a complete picture to the court. Throughout the process, we keep you informed and involved, ensuring your voice is heard.
Next Steps if You Suspect Undue Influence
If you believe a loved one was pressured into changing their estate plan, it’s important to act promptly. Delays can make it harder to gather evidence or meet filing deadlines. Start by collecting any relevant documents, messages, or contact information for potential witnesses. Then reach out to an experienced attorney who can assess whether there’s a viable claim.
We offer confidential consultations to help you understand your legal options and what to expect in the process.
Contact an Experienced Orange County Undue Influence Attorney
Undue influence can leave lasting damage, not just to estate plans, but to family relationships and legacies. We work to restore fairness when someone’s final wishes may not truly reflect their intent.
If you have questions or concerns about a trust or will, contact OC Trial Group, APC. We’re ready to help you find clarity and take the next step with confidence.