How Arizona Defines 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.
What Counts as a Confidential Relationship
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.
Why This Matters for Families
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.