The Myth
Monday, June 15, 2026 is World Elder Abuse Awareness Day. While there are many forms of abuse, one that we see in estate planning is financial abuse. This often comes in the form of undue influence. This article discusses what that means, examples in popular media, and what that may look like in real life.
A common misconception surrounding undue influence, particularly in the context of estate planning, is the belief that it’s typically exerted by strangers or outsiders—such as opportunistic caregivers, financial advisors, or distant acquaintances. This myth suggests that family members and close friends are inherently immune from exerting undue influence, because of their trusted relationships.
Movies
- Knives Out (2019): The Thrombey family immediately accuses Harlan Thrombey’s nurse, Marta Cabrera, of undue influence when they discover that she inherited his entire estate.
- The Grand Budapest Hotel (2014): After wealthy aristocrat Madame D. dies, her family suspects hotel concierge Gustave H. of coercing her into leaving him a valuable painting.
- Death on the Nile (2022): When wealthy heiress Linnet Ridgeway changes her will to favor her new husband, her family and friends believe he unduly influenced her.
TV Shows
- Columbo – “Strange Bedfellows” (Season 10, Episode 12): A mob-connected outsider pressures an elderly businessman into changing his will before his death.
- The Simpsons – “Burns’ Heir” (Season 5, Episode 18): Mr. Burns chooses Bart as his heir.
- Gossip Girl (2007–2012) – Various Episodes: Wealthy heirs frequently accuse new stepmothers, assistants, or caregivers of undue influence when wills are changed.
Sources: Why the Myth Exists?
- Romanticized Views of Family: Many people hold idealistic views about family dynamics, assuming that relatives act out of love and loyalty. This perception makes it hard to believe that undue influence could occur within a family setting.
- Dramatic Media Portrayals: Movies, TV shows, and sensational news stories often depict undue influence as the work of manipulative outsiders—like scheming strangers, gold-diggers, or caretakers preying on vulnerable individuals. This narrative overlooks the reality that undue influence often arises within close relationships.
- Denial and Emotional Bias: Inheritance disputes are emotionally charged. Family members may find it easier to blame outsiders rather than confront the uncomfortable truth that a sibling, child, or spouse could have manipulated a vulnerable loved one.
- Trust in Familiarity: People naturally place trust in those closest to them. This trust can create blind spots, making it difficult to recognize when influence crosses the line into manipulation, even when it’s happening within their own family.
Reality: Undue Influence Often Comes from Trusted Insiders
- Undue Influence Thrives on Close Relationships: Family members, close friends, and trusted advisors are actually more likely to exert undue influence because:
- They have regular access to the vulnerable individual.
- There’s an established emotional bond, making it easier to manipulate decisions without raising suspicion.
- They may already have a position of authority or control (e.g., as a caregiver or financial manager).
- Common Scenarios Involving Insiders:
- Adult Children Pressuring Elderly Parents: A child convinces an aging parent to change their will in their favor, excluding siblings.
- Spouses Manipulating Each Other: In blended families, one spouse may influence the other to leave assets solely to their biological children, cutting out stepchildren.
- Caregivers Who Are Family Members: Family members acting as caregivers may use their position to isolate the individual and control decision-making.
- Legal Criteria Apply Regardless of Relationship: Courts assess undue influence based on specific factors, not the nature of the relationship. These factors include:
- Confidential or dependent relationships: Often seen in family dynamics.
- Vulnerability of the influenced person: Due to age, illness, cognitive decline, etc.
- Active participation in legal arrangements: Such as influencing the drafting of a will or trust.
- Unnatural or unexpected outcomes: Like disinheriting close family without clear reasons.
- Family Dynamics Can Mask Undue Influence: Emotional bonds, dependency, and shared history can make it harder to recognize when influence becomes undue. Family members may dismiss red flags as “normal family dynamics” rather than potential legal concerns.
What to Do About Undue Influence
It’s important to have a plan in place before any serious issues happen. At The Law Office of Jeremy J. Ofseyer, we work with our clients to ensure that their will is exactly what they intend it to be. We take the time to get to know you, your family, and your situation, so we can help facilitate changes as an unbiased third party, but also someone who cares about your best interests.
If you are ready to create or adjust an estate plan that will help you and your family, contact our team today.
