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
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The Intentionalities and Formalities of California Will Creation
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When creating a California Will there are a few basic steps that must be met from a legal perspective in order for that Will to be legally valid. In their simplest form, the two areas required for a valid California Will are the necessary “Intentionalities” and the required “Formalities.”
Intentionalities:
Intentionalities evidence a person’s intent…