Capacity & Undue Influence

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

People influence others every day, and most types of influence simply persuades a person to make a certain decision–where to eat, what to buy, who to like, you get the idea.

Sometimes influence can get out of hand and become “undue.”  What separates normal influence from undue influence?  Simply put, undue influence is coercion.  It