When someone suddenly changes their trust late in life, especially under the influence of a new caregiver, romantic partner, or estranged relative, it often raises questions: Did they really mean to leave everything to this new person? Or were they pressured?
This is where the concept of undue influence comes into play. In estate planning, it refers to a situation where someone manipulates or coerces a vulnerable person into altering their estate plan in a way that doesn’t reflect their true intent. In California, these cases are increasingly common, and they can tear families apart if not handled carefully.
The legal definition centers on pressure or persuasion that overrides a person’s free will. California’s Probate Code outlines four main elements:
The idea isn’t that every changed trust is suspicious; people have every right to change their minds. But the law draws a line when someone exerts so much influence that the decision is no longer truly voluntary.
Certain red flags appear repeatedly in undue influence cases in California. These include a sudden, unexplained change to a trust that disproportionately benefits one person, isolation of the trust creator from other family members, and a new individual, often a caregiver or distant relative, arranging meetings with attorneys. Other warning signs are replacing the original estate planning attorney late in life and the influencer being present at legal appointments.
Undue influence is easier to prove when the person making changes has “diminished capacity,” which means their ability to understand or make decisions is impaired. This doesn’t mean they need to be fully incapacitated, just more vulnerable than usual.
Conditions like early dementia, depression, or even physical frailty can make someone more susceptible to suggestion. According to the Alzheimer’s Association, about 11% of people over 65 live with Alzheimer’s or a related disorder. When cognitive ability starts to fade, even well-meaning persuasion can cross into inappropriate influence.
That’s why good estate planning attorneys will often document capacity during planning meetings, asking simple questions like, “What are your assets? Who are your heirs? Why are you making this change?” That record can be critical if the trust is ever challenged.
Contesting a trust can be challenging. You need solid evidence, not just suspicion or family conflict. California courts look for patterns that, when taken together, suggest manipulation.
Key pieces of evidence might include:
The goal is to show the court that the trust no longer reflects the creator’s actual intent, and instead reflects someone else’s pressure.
If you believe a trust has been altered unfairly, timing is critical. Trust contests must be filed promptly, within 120 days of receiving notice of the administration of the trust, or “60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later,” according to California Probate Code § 16061.7 (2024).
The general steps:
The process can be emotional, especially when it involves grieving families. But the legal system is equipped to handle these situations when the right facts are presented.
Effective estate planning requires careful measures to protect against claims of undue influence. Attorneys support their clients by thoroughly documenting the reasons behind any changes, meeting privately to ensure decisions are made freely, and confirming the client’s mental capacity. They also pay close attention to details such as who arranges appointments and transportation, as well as any sudden changes like last-minute attorney switches or unexpected revisions.
Family members play an important role as well; staying involved and maintaining regular communication helps prevent attempts to isolate the person creating the trust. Together, these steps help safeguard the integrity of the estate plan.
At Ferguson Law Group, we recognize that contesting a trust requires careful attention and expertise. Our team is dedicated to guiding you through every step of the process with clear communication and compassionate support, ensuring your interests are protected.
If you suspect undue influence or need help navigating a trust dispute, contact our team today. We’re here to provide personalized guidance tailored to your unique situation.
You must show that the influencer exerted excessive pressure or manipulation that overpowered the settlor’s free will, often supported by evidence like suspicious circumstances or weakened mental capacity.
Signs include sudden changes to the trust favoring one person, isolation of the settlor, dependence on the influencer, or the settlor’s diminished mental capacity.
Yes, California law allows a trust to be invalidated if undue influence is proven to have compromised the settlor’s true intent.
