A last will is supposed to reflect your final wishes. As such, it needs to be made voluntarily by a person of sound mind, without outside pressure. But unfortunately, that doesn’t always happen: relatives, caregivers, and other parties have been known to manipulate, threaten or intimidate elderly or vulnerable people in order to benefit from the estate themselves.
Undue influence is arguably one of the most common reasons for contesting a will. When the testator/settlor is being manipulated or threatened to add or change provisions, the will ends up reflecting the influencer’s judgment and true intention, not theirs. As a beneficiary, you’ll know something’s wrong when the document strongly favors a caregiver or sibling over everyone else and/or cuts someone out without explanation.
At Reuter Corbett, we’ve seen this happen time and time again, and we’re here to help. We’ve handled undue influence and other estate litigation matters for clients across Oregon, Washington, and Idaho. Let us help you fight for the inheritance your loved one would have wanted you to have.
What Can Be Considered Undue Influence in a Will?
Undue influence exists when a person’s final wishes are replaced by someone else’s agenda. Oregon courts regard it as conduct that overcomes a testator’s free will and causes the will itself to reflect the influencer’s desires instead of the decedent’s own choices.
Contrary to popular belief, yelling, threats, or physical force don’t have to be involved. This type of influence becomes unlawful when pressure reaches a point where the person signing the will no longer acts independently. The result is a situation where an otherwise trusted individual gains power and control over the testator’s daily life, finances, medical care, or access to other family members.
Rather than a clear statutory definition, Oregon courts rely on case law and established principles to decide undue influence claims in will cases. Generally speaking, they look at whether:
- A confidential relationship existed, giving one person control over the testator
- Suspicious circumstances surround how the will was prepared or executed
- The person who benefited had the opportunity and motive to exert pressure
Under these conditions, courts may treat undue influence as a kind of fraud that can invalidate part or all of a will if shown.
It is important to note that Oregon law distinguishes between influence and undue influence. Family members persuade each other all the time: for example, a loved one may express opinions or preferences about their future inheritance. That behavior alone does not invalidate a will. The line is crossed when persuasion turns into domination, and the testator becomes dependent, isolated, or fearful of displeasing the person exerting control.
Proving Undue Influence: Signs to Watch For
Oregon courts have long recognized that proving undue influence rarely involves a smoking gun. Instead, as the Oregon Supreme Court explained in In re Estate of Reddaway, 214 Or. 410 (1958), these cases typically rest on circumstantial evidence—a collection of warning signs that, taken together, paint a troubling picture.
The Reddaway case involved William Reddaway, elderly and weakened by multiple strokes, who suddenly burned his 1931 will after a practical nurse moved into his home. The circumstances surrounding that destruction led the court to conclude his actions weren’t truly voluntary. The court’s analysis identified several factors that remain central to undue influence claims today.
- Confidential relationship. A relationship of trust and dependence between the influencer and the donor forms the foundation of most claims. This can exist between family members, caregivers, attorneys, or anyone positioned to exert dominance over a vulnerable person.
- Participation in document preparation or destruction. When beneficiaries arrange meetings with attorneys, handle paperwork, or control access to legal counsel, courts take notice. In Reddaway, the nurse and son were present when the will was burned—and no independent advisor was consulted beforehand.
- Unexplained changes in attitude. William Reddaway’s relationship with his son Walter shifted from warmth to coldness almost overnight, with no explanation other than the new household dynamics. A sudden turn against someone the donor previously loved suggests outside interference.
- Secrecy and haste. The burning of the will happened quickly, with only interested parties present. Courts view rushed, secretive transactions with suspicion.
- Departure from longstanding intentions. When a new disposition dramatically contradicts what the donor has said and done for years, something may be wrong.
- Susceptibility to influence. Physical frailty, cognitive decline, or emotional dependence can make someone an easy target for manipulation.
No single factor proves undue influence. But when several appear together, Oregon courts will scrutinize whether the estate plan truly reflects the donor’s wishes.
More Detail Regarding Confidential Relationships
A confidential relationship exists when one person places trust in another and, as a result, gives that party influence over important decisions. In undue influence cases, this concept explains how control can develop without formal authority and why courts scrutinize certain relationships more closely than others.
This type of relationship can arise gradually as an older or vulnerable person experiences cognitive decline and becomes dependent on someone for care, guidance, or support. When one individual, such as a caregiver or adult child, manages their daily needs, finances, medical decisions, or access to others, trust can turn into reliance. In turn, that reliance creates power.
In estate litigation claims involving undue influence, courts generally look at how the relationship worked. Did the alleged influencer control information? Did they limit contact with friends or family? Did they speak on behalf of the testator during meetings with financial advisors and other professionals? The answers to these questions can go a long way toward showing whether undue was being exercised.
What Happens If Undue Influence Is Proven?
When an Oregon court finds that undue influence affected a will, it first determines the scope of the influence. If the influence tainted the execution of the will as a whole, the court may declare the entire document invalid.
When a will is invalidated, Oregon law directs the court to look for a prior valid will. If one exists, that earlier document controls the disposition of the estate. This frequently occurs when a long-standing estate plan was replaced later in life under suspicious conditions. Reinstating a prior will restores the distribution scheme that existed before the invalid will was created. If no valid earlier will exists, the estate passes under Oregon’s intestacy statutes, which set a fixed order of inheritance based on family relationships.
Oregon courts may also address related conduct uncovered during the case. Lifetime transfers, changes to beneficiary designations, or misuse of funds made while the decedent was vulnerable may be reviewed in connected claims. In some situations, the court may order the return of assets wrongfully obtained before death.
These remedies reflect a clear principle in Oregon law: estate planning must result from independent decision-making. When outside influence replaces the free choice of the testator, probate courts have the authority to correct the outcome and enforce a distribution grounded in lawful intent.
What to Do If You Suspect Undue Influence in a Will
If you believe that your loved one’s last will reflects undue influence, start by obtaining copies of the final will, any prior wills, trust documents, and powers of attorney. Look for changes in beneficiaries, timing of revisions, and who was involved in arranging legal meetings. Any sudden departures from long-standing plans deserve close review.
Next, save emails, text messages, voicemails, letters, and notes that show changes in behavior, isolation, or pressure. Financial statements, bank access records, and transaction histories may reveal when control shifted, and medical records can later help show vulnerability tied to illness or decline.
Other recommended steps include:
- Don’t Confront the Influencer Right Away: Accusing a relative or caregiver too quickly can lead them to destroy any incriminating documentation. Quietly preserving evidence can protect the integrity of any potential claim.
- Know Your Deadlines: Oregon imposes strict timelines for contesting a will once probate begins. Under Oregon Revised Statutes ORS 113.075, you must file within four months after the date you were mailed or personally delivered the official notice that probate has begun and that you’re an “interested person” OR four months after notice to interested persons is first published in the local newspaper if you weren’t personally notified.
- Speak to an Estate Litigation Attorney: An attorney can evaluate your standing, review evidence you’ve collected, and help you determine whether your concerns meet Oregon’s legal standards for undue influence.
Why Choose Reuter Corbett for an Undue Influence Claim?
Undue influence claims can be extremely emotional and difficult to prove. If you’re already grieving the loss of a loved one, the prospect of contesting a will can exacerbate the stress and grief you’re facing even further. At Reuter Corbett, we understand, and we’re here to help. When you hire us, we bring the following benefits to the table:
- Dedicated Estate Litigation Practice: We have helped many clients in matters related to contested wills, trust disputes, and inheritance rights conflicts. Our experienced attorneys routinely handle cases arising from undue influence claims.
- Thorough Case Preparation: Undue influence isn’t easy to prove. Our estate litigation lawyers can review financial records, medical history, communications, and witness statements that suggest patterns of control and dependency.
- Confidential Relationship Analysis: For your case to succeed, you’ll need proof that one person gained power over your loved one through trust, reliance, or dependency. We help identify how that relationship formed, shifted decision-making authority, and benefited the influencer.
- Access to Expert Witnesses: Medical and mental health professionals, handwriting analysts, and financial specialists are frequently needed to uncover evidence of vulnerability, mental capacity, and manipulation. At Reuter Corbett, we know when and how to use expert testimony and formal discovery to expose misconduct.
- Extensive Litigation Experience: Many undue influence claims need to be resolved in court. We’re always ready to help beneficiaries recover the property and assets that their loved one originally intended for them.
When a will no longer reflects your loved one’s true intentions, our skilled and compassionate legal team can help you investigate what happened and make sure your loved one’s true intentions are honored and protected.
Questions? Speak to Our Probate & Estate Litigation Lawyers Today
A will represents a person’s final voice. When that voice appears distorted by pressure, isolation, or control, the law allows you to question what happened. Undue influence claims exist to protect vulnerable people and to prevent others from using that vulnerability for personal gain.If you suspect that a caregiver or family member manipulated a loved one, call Reuter Corbett. We represent beneficiaries in contested estate cases involving coercion, confidential relationships, and late-life estate changes. To schedule a no-obligation consultation for legal advice, call 503-874-6166.
