CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Undue Influence

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A Better Standard for Undue Influence in California Trust and Will Cases: Part 4–Unfair Distribution from Will or Trust

Posted in Undue Influence
This is part four of a four part post discussing the newly created standard for proving undue influence directly in California Trust and Will contests. Effective January 1, 2014, the California Legislature has introduced a new standard for proving undue influence directly (found at Welfare and Institutions Code Section 15610.70; and made applicable to the … Continue Reading

A Better Standard for Undue Influence in California Trust and Will Cases: Part 3–Actions of the Influencer

Posted in Undue Influence
This is part three of a four part post discussing the newly created standard for proving undue influence directly in California Trust and Will contests. Effective January 1, 2014, the California Legislature has introduced a new standard for proving undue influence directly (found at Welfare and Institutions Code Section 15610.70; and made applicable to the … Continue Reading

A Better Standard for Undue Influence in California Trust and Will Cases: Part 2–Apparent Authority

Posted in Undue Influence
This is part two of a four part post discussing the newly created standard for proving undue influence directly in California Trust and Will contests. Effective January 1, 2014, the California Legislature has introduced a new standard for proving undue influence directly (found at Welfare and Institutions Code Section 15610.70; and made applicable to the … Continue Reading

A Better Standard for Undue Influence in California Trust and Will Cases: Part 1–Vulnerability

Posted in Undue Influence
How do you know when influence becomes undue?  People influence one another every day, it’s part of being social.  But when influence crosses the line it becomes undue and that can cause a California Will or Trust to be invalidated. The problem is articulating the undue influence standard.  In California, we have two ways of … Continue Reading

The Eyes are the Window to the…Diagnosis for Alzheimers?

Posted in Lack of Capacity, Undue Influence
This is not a medical blog, but medicine and the law interact extensively when it comes to determining (or challenging) a person’s legal capacity.  To prove lack of capacity requires evidence of a mental defect, such as dementia or Alzheimer’s disease.  Alzheimer’s also plays a role in proving a weakness of mind—required for undue influence. … Continue Reading

Undue Influence vs. Lack of Capacity: There’s more than one way to overturn a California Will or Trust

Posted in Undue Influence, Videos
Lack of capacity is probably the most used concept in trying to overturn a California Will or Trust.  And while nearly ever Trust or Will contest lawsuit contains an undue influence allegation, undue influence is usually minimized or even ignored altogether at trial.  In this vide, Keith A. Davidson discusses how both concepts can be … Continue Reading

Undue Influence: How undue Influence is used to overturn a California Trust or Will

Posted in Undue Influence
See Video Below: Stewart R. Albertson discusses how undue influence is used to overturn a California Will or Trust.  There are two ways to prove undue influence in California, either directly or by shifting the burden of proof onto the opposing party.  Stewart describes the basic concepts.  For those viewing this blog by email subscription, … Continue Reading

Undue Influence–Supplanting the Intent of Another in California Trusts and Wills

Posted in Undue Influence
The concept of “undue influence” can be used to invalidate a Will or Trust. What is undue influence? According to the California legislature “undue influence” is the taking of an unfair advantage of another’s weakness of mind. In a word: coercion. For example, a caretaker befriends an elderly person and takes over the elder’s financial … Continue Reading
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