A common misconception in the context of estate planning is that any form of persuasion or influence over someone’s decisions automatically constitutes undue influence. This belief suggests that merely expressing an opinion, offering advice, or encouraging someone to make a particular decision could invalidate legal documents or arrangements.
Movies:
- Knives Out (2019): Wealthy novelist Harlan Thrombey left his entire estate to his nurse, Marta Cabrera, instead of his greedy relatives. The family immediately accuses Marta of undue influence, assuming she must have manipulated Harlan into changing his will. In reality, Harlan decided on his own, believing his family was entitled and unworthy of his wealth.
Sources: Why the Myth Exists?
- Emotional Context of Estate Disputes: Estate disputes often arise after a person’s death, when family members may feel that a relative’s will or trust was unfairly influenced. This emotional environment can lead people to believe that any influence, even ordinary persuasion, is improper.
- Confusion Between Influence and Coercion: Influence and persuasion are a natural part of human relationships, but undue influence involves a level of manipulation or coercion that overrides free will.
- Pop Culture and Media: Movies, TV shows, and sensational news stories often dramatize inheritance disputes, portraying any form of persuasion as sinister or manipulative, reinforcing this misconception.
- Misunderstanding Legal Language: Legal cases often involve complex arguments about mental capacity, vulnerability, and family dynamics. People unfamiliar with legal standards may oversimplify these issues, assuming that influence itself is inherently problematic.
Reality: Undue influence is improper influence that subverts a person’s free will.
- Narrowly legally defined. See CA Probate Code § 86; Welfare & Institutions Code § 15610.70.
- Burden of proof. Contestant generally bears the burden of proof,
- Direct Evidence Scarce. UI typically can only be proven with circumstantial evidence, which can be hard to get.
