When it comes to their parents’ estate planning, siblings can be supportive. Even so, undue influence claims are always a concern when an older adult is creating a will or otherwise deciding how their assets will be distributed after their death.

If one sibling manipulates their parents into changing their estate plan, they may have exerted undue influence. Proving undue influence can be challenging, which is why courts in California carefully evaluate the circumstances surrounding changes to an estate plan to determine whether the alleged undue influence occurred.

What Is (and Isn’t) Undue Influence Under California Law

In some cases, parents’ assets may be split unevenly between siblings. In California (as well as in other states), an estate-planning choice like this alone isn’t evidence of undue influence. Undue influence specifically happens when:

• Someone uses excessive persuasion
• The persuasion is enough to overcome another person’s free will
• Inequity results

California law is intentionally vague about what constitutes excessive persuasion. Manipulation can be subtle. While an adult child could certainly use threats to unduly influence a parent, that’s not an essential element.

It’s important to understand that simple persuasion isn’t undue influence, either. Family members often argue or try to persuade one another to make certain choices, but undue influence depends on persuasion that’s strong enough to override the victim’s free will.

The Four Factors Courts Look For

California’s Welfare and Institutions Code section 15610.70 outlines four factors that courts must consider when deciding whether or not undue influence has occurred.

1. The Victim’s Vulnerability

Legally speaking, someone doesn’t have to be mentally incompetent to be a victim of undue influence. Courts must consider any evidence of the victim’s vulnerability, and the statute lists several examples, including:

• Emotional distress
• Illness or injury
• Age
• Education level
• Impaired cognitive functioning
• Isolation
• Dependency

Courts also look at whether the influencer knew (or should have known) about the victim’s level of mental or physical vulnerability.

2. The Apparent Authority of the Influencer

The word “apparent” is key here. A sibling doesn’t have to have real authority over a parent to exert undue influence. Their status as a family member, care provider, or fiduciary may be enough to convince a parent to act in a way they otherwise wouldn’t.

3. The Actions the Influencer Took

The parents’ vulnerability and the sibling’s apparent authority are important to consider, but the actual actions the sibling takes are often the strongest evidence of undue influence.

The law includes the following examples of actions that may indicate undue influence:

• Controlling medication, sleep, or other life necessities
• Controlling the victim’s access to information or interactions with other people
• Using affection, coercion, or intimidation to achieve one’s aims
• Initiating changes in property rights, especially if using pressure or secrecy, or claiming expertise
• Initiating changes in property rights at inappropriate times or places

The statute specifies that the list isn’t exhaustive. Undue influence can look very different from one case to the next, and courts must look at the whole picture when making a decision.

4. The Equity of the Result

When most people think of a sibling’s undue influence leading to an inequitable result, they imagine one sibling inheriting much more than the other. That’s one possible outcome. However, the law offers other examples, as well, such as:

• Economic loss to the victim
• Departure from the victim’s prior intent

Critically, the law states that an inequitable result alone isn’t evidence of undue influence. Parents often distribute assets unevenly among siblings for reasons unrelated to coercion or manipulation.

What if the Court Finds Undue Influence?

If a court decides that a sibling is guilty of undue influence, it will likely set aside the affected part of the will or trust in question. However, if your parent was an elderly parent or a dependent at the time the influence happened, the sibling may face even greater consequences.

In California, taking advantage of an older person in this way is considered a type of financial abuse of an elder. If the court finds that a sibling wrongfully took property from a parent or their estate, they may have to repay twice the value of what they took.

If you think your sibling may be guilty of undue influence, you may understandably be concerned about the financial cost of taking them to court. In most litigation cases, courts will order the offending sibling to pay the related court costs and attorney’s fees if they unduly influenced a parent.

Do You Suspect a Sibling of Undue Influence?

Losing a parent is devastating. Your grief may be compounded if you also suspect that a sibling may have taken advantage of their vulnerable state before passing.

At KJM Law, we’re committed to supporting families like yours as you navigate this challenge, which can deeply affect family dynamics. Contact us today to schedule a consultation with an attorney who specializes in cases exactly like this. We’ll discuss your situation with you and help you decide on your next steps.