"Is generally exercised in secret, not openly, and like a snake crawling upon a rock, it leaves no track behind it, but its sinister and insidious effect must be determined from the facts and circumstances surrounding the testator…”
The Biological Roots of the Undue Influence Doctrine: What’s Love Got To Do With It, University of Pittsburgh Law Review, Vol. 57:841, 1996.
At Bernatz Experts, we analyze the circumstantial evidence surrounding the signing of a will, trust, contract or financial transaction in which the issue of undue influence is raised. Using, the SCAM™ model (2006) and the legal standard in the jurisdiction of the matter, our experts review the evidence and apply it to the four elements that underlie undue influence, the dynamic between the vulnerable older adult and the person who is in a position of trust and authority, and the potential deceptive tactics and actions used to gain control of the decision making of the older adult.
Case Example:
An 85-year old legally blind widowed art collector passed away with no children or relatives. Ten years prior to his passing he had an estate plan with a living trust. The beneficiaries and successor Trustees of the Trust were his long time friends who were treated like family over a period of 40 years. On the day of his funeral, the decedent’s caregiver hands the beneficiaries an amendment to the trust signed one year prior to his death, which changed the distribution of his trust to the caregiver. Trust litigation ensued and a Bernatz Expert testified about Undue Influence in court which assisted the legal team in obtaining a multi-million-dollar settlement.