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
Capacity & Undue Influence
Lack of Capacity in California Trust and Will Creation
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Our lates video post describes the concept of Lack of Capacity in California Trust and Will creation. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Capacity Issues: Different types of capacity required for California Trusts vs. Wills
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California Wills and Trusts are not created equal. In this video, we describe the basic differences between the mental capacity required for California Will creation and the mental capacity required for California Trust creation. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Undue Influence: How undue Influence is used to overturn a California Trust or Will
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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…
Coping with Incapacity: How Trust Planning Is Life Planning
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How does your trust help you while you’re alive? Many people think of trusts as death planning instruments–the type of thing that only operates upon your death.
But trusts have a critically important role to play while you are alive in the event you lose capacity. People are living longer and the likelihood of being…
Influencing the Court to Find for Undue Influence in California
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I’ve blogged before about using the concept of undue influence to overturn a California Will or Trust. But knowing the definition of undue influence is only the first step. To make the concept of undue influence useful, you have to know how to prove the existence of undue influence in a Court of law. That…
Capacity Lite–How Undue Influence Can Be Used To Overturn a California Will or Trust When Lack of Capacity Allegations Fall Short.
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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…
Undue Influence–Supplanting the Intent of Another in California Trusts and Wills
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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…
Will Capacity vs. Trust Capacity: The Mental Measuring Stick under California Law
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In order for a person to create a valid Will or Trust they must have “sound mind.” The term “sound mind” is short hand for a rather complicated set of rules for determining mental capacity. If a person lacks proper mental capacity, then any document they sign is deemed invalid under California law. A person…