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Undue Influence Claims
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Overview What It Is Claim Eligibility Influence Proof Sample Case FAQ How We Can Help
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Protecting the Wishes of the Vulnerable

In the final years of life, people may be especially vulnerable to pressure from others—particularly when they are isolated, ill, or dependent on caretakers. When someone manipulates a person into changing a trust, will, or estate plan for their own benefit, it may constitute undue influence.

At Burrey Law Group, Inc., we help clients bring or defend against claims of undue influence in trust and estate matters. Our goal is to protect the integrity of a loved one’s true intentions and to ensure that any plan was made freely, fairly, and with full understanding.

What Is Undue Influence?

Undue influence occurs when one person exerts excessive pressure on another, overriding their free will in the creation or modification of a legal document. In trust and estate cases, this often results in suspicious changes to asset distributions or decision-making authority.
Common warning signs of undue influence include:

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Sudden or last-minute changes to a trust or will
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A new beneficiary who previously had little or no relationship with the person
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Isolation of the person from family and friends
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Dependence on a single caregiver or individual for daily needs
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Disinheritance of long-standing beneficiaries without clear reason
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Proving Undue Influence

These cases are complex and fact-driven. To prove undue influence, it must be shown that:

  • The person was susceptible to influence
  • The influencer had access and opportunity to exert control
  • There was an improper benefit or outcome

We work with medical experts, financial professionals, and witnesses to gather the evidence necessary to support your claim or defend against one.

Proving Undue Influence

These cases are complex and fact-driven. To prove undue influence, it must be shown that:

  • The person was susceptible to influence
  • The influencer had access and opportunity to exert control
  • There was an improper benefit or outcome

We work with medical experts, financial professionals, and witnesses to gather the evidence necessary to support your claim or defend against one.

Illustrative Example

Imagine this scenario: After a parent passes away, siblings are surprised to learn that a newly updated will leaves nearly everything to a distant relative. One had provided care in the final years, while the other maintained close contact. They recall hearing their parent express a different intention.

In this type of situation, a legal team may investigate for signs of undue influence, review prior estate documents, and gather supporting evidence. With strong legal support, families can pursue a resolution that honors fairness and the decedent’s original wishes.

Not exactly. While both involve wrongful behavior, undue influence relies on manipulation and pressure rather than deception or false statements.

No. Even individuals who are legally competent can be vulnerable to pressure if they are isolated, ill, or emotionally dependent.

Medical records, witness statements, caregiving arrangements, financial changes, and the timing of trust modifications can all be critical.

Deadlines vary, but time is limited. If you suspect undue influence, it’s important to speak with an attorney as soon as possible.

Yes. Many undue influence claims are resolved through negotiation or mediation. However, we are fully prepared to litigate when necessary.

Frequently Asked Questions

Some of your burning questions have been answered.

Get in touch Safeguarding Legacies with Integrity

Undue influence claims can be deeply emotional and legally challenging. At Burrey Law Group, Inc., we help clients protect their loved one’s legacy and ensure that estate plans reflect true intentions—not manipulation or coercion.

Contact us today to discuss your situation and take the first step toward resolution.

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