When Undue Influence Wipes Out a Trust and Bank Accounts

When an aging parent alters their estate plan late in life to drastically favor one child over another—especially when health is failing and medications or outside pressure are involved—it frequently ends up in a fierce will and trust contest.

In Masters v. Ries (2017) 2017 Cal. App. Unpub. LEXIS 2042, a California appellate court reviewed a trial court's decision to declare a father's will, trust, and asset designations entirely void due to undue influence.

The Big Mistake: Relying on Secrecy and Attorney Isolation

Adolf Wolf had two daughters, Allison and Christine, whom he loved equally [cite: . Throughout his life, he consistently expressed his intent to divide his estate evenly between them . However, late in life—while suffering from stage IV lung cancer, taking narcotic pain medication, and becoming easily overwhelmed by paperwork—Christine arranged for her brother-in-law's law firm to draft a new estate plan.

Crucially, the attorney was instructed to communicate only with Christine (treating her as the "client"), and Christine secretly emailed changes to the draft trust that slashed Allison's share down to a fraction while giving Christine the family home and major assets.

When Adolf passed away, Allison filed a will and trust contest, arguing the documents were procured by undue influence.

What the Court Decided in Masters v. Ries

1. The Presumption of Undue Influence Triggered: Because Christine had a confidential relationship with her father, actively participated in procuring the estate documents, and unduly profited (receiving the bulk of the estate compared to her prior equal standing), the burden shifted to Christine to prove the documents were not the product of undue influence.

   
   

2. Failure to Rebut the Presumption: The trial court (and the appellate court on review) found Christine's testimony not credible. Furthermore, the evidence showed that Adolf never actually reviewed the specific changes Christine had secretly emailed to the lawyer, and he later expressed regret over what he had signed.

   
   

3. Voiding the Entire Plan & Freezing Accounts: Because the undue influence permeated the entire estate plan, the court declared the will and trust completely void, sending the estate to pass via intestate succession (equal division by law). The court also maintained a freeze/injunction on disputed bank accounts (including a U.S. Bank account) until the final estate distribution could be handled .

   
   

Key Takeaways for Trust Litigation

• Active Procurement and Secrecy Look Suspicious: When a beneficiary heavily inserts themselves into the drafting process—especially communicating with attorneys behind the settlor's back and altering distributions—it creates a textbook case for a presumption of undue influence

  
  

• Incompetence and Medication Matters: Courts carefully scrutinize estate documents signed when a testator is dealing with terminal illness, declining literacy/understanding, and mind-altering prescription drugs like narcotics.