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