Undue Influence

Under A.R.S. § 14-2712, Arizona presumes anyone who signs a governing instrument acted freely. But that presumption can shift. The law creates an automatic presumption of undue influence in two situations:

• A person with a confidential relationship helped create the document and is a main beneficiary
• The person who prepared the document (or close family) is a main beneficiary

When either applies, the beneficiary must prove the creator acted on their own.

A confidential relationship exists when one person places special trust in another. Common examples include a caregiver, financial advisor, or close family member. The key question is whether the relationship gave one person control over the other's decisions.

These claims often come up with a new caregiver or a late-life relationship. A sudden change that benefits one person at others' expense is a red flag. Knowing how Arizona handles these claims helps families spot warning signs early.