Can “Undue Influence” Jeopardize an Estate Gift?

Learn how undue influence can affect estate gifts to churches and how to navigate these sensitive legal situations.

Last Reviewed: January 21, 2025

Q: An elderly man in our congregation passed away recently. Our church was surprised to learn from the local probate court that he had left most of his estate to the church. He was a widower, with no children. Some of our church board members are concerned that his collateral relatives will challenge the validity of the will on the ground of undue influence. What exactly is undue influence? Can this gift be nullified on this basis?


What Is Undue Influence?

If the recipient of a gift “unduly influenced” the donor into making the gift, the donor (or a legal heir) may have the gift canceled. This rule applies to direct gifts made during one’s lifetime and to gifts contained in documents (such as wills) that take effect after the donor’s death.

Key Points About Undue Influence

1. It Goes Beyond Persuasion or Suggestion

Undue influence connotes total dominion and control over the mind of another. As one court noted, “undue influence is that influence which, by force, coercion or over-persuasion destroys the free agency” of another.

2. Circumstantial Evidence Is Key

Undue influence is generally inferred from the circumstances surrounding a gift. Common factors courts consider include:

  • Whether the gift was the product of hasty action
  • Whether the gift was concealed from others
  • Whether the recipient actively secured the gift
  • Whether the gift was consistent with the donor’s prior plans
  • The donor’s age, physical condition, and mental health
  • Whether a confidential relationship existed between the donor and the recipient
  • Whether the donor had independent legal advice

For additional insights and case studies, refer to the Legal Library.

3. Burden of Proof

Most courts require undue influence to be proven by “clear and convincing” evidence. However, some courts may presume undue influence in specific scenarios, such as:

  • A church member making a direct gift to their minister
  • An attorney drafting a will for a church member who belongs to the same congregation

This presumption is rebuttable but can complicate matters.

4. Timely Action Is Crucial

Relatives or others challenging a gift must act quickly. Unreasonable delays can bar any recovery.

5. Churches’ Moral Obligations

Church leaders have a moral obligation to implement the estate plans of deceased members if they believe no undue influence occurred. Succumbing too quickly to threats from disgruntled relatives could violate this trust.

How to Encourage Estate Gifts

Encouraging estate giving can provide significant support for your church’s mission. For best practices and guidance, consult resources on effective estate planning.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay
caret-downclosefacebook-squarehamburgerinstagram-squarelinkedin-squarepauseplaytwitter-square