What is Undue Influence in California
Family relations are fraught with emotions and decisions. Decisions concerning wealth and its distribution can trigger passionate reactions. Some members of the family circle have a strong influence on others. Sometimes, someone’s influence becomes “undue” or unethical persuasion, commonly known as Undue Influence.
We have served California for over twenty years at The Grossman Law Firm (TGLF). TGLF never wants to exploit our clients. In this article, TGLF will guide you along this troubling process and advise you of your rights in California Trust or Probate Litigation.
What Is Undue Influence?
Further, when contesting a will or trust in California, undue influence typically occurs when the person creating the will or trust is weakened, usually in a weak mental state. The influencer exercises coercion on the testator, thereby replacing the testator’s original intent with their own.
The weakened mental state of the testator is similar to the mental state required to declare a lack of capacity. However, the other conditions necessary to declare a lack of capacity are not a requirement to prove undue influence. A will is presumed valid unless the testator lacked capacity when signing the will. A person with dementia may have good and bad days and could conceivably have the capacity on the day of signing a will. Proving a situation of lack of capacity is difficult. That means you must establish a weakness of mind or exploitation. You must prove that the person unduly profiting took advantage of the testator’s weakness of mind.
Who is susceptible?
Anyone is susceptible to undue influence, though some factors might make a person more susceptible. These include:
- Incapacity
- Disease
- Disability
- Seriously injured
- Age
These are not the only factors affecting people affected by undue influence; anyone is susceptible. To better understand those at risk of undue influence, be sure to read our post, “Understanding Undue Influence.”
How Can You Prove Undue Influence?
Some signs of undue influence may include:
- A mental weakness, infirmity, or impairment of the testator. The altering of free will.
- A confidential relationship between the testator and the person exercising undue influence
- The execution of the will unduly benefiting the alleged wrongdoer
- Testamentary provisions that conflict with the testator’s earlier stated intentions
Next Steps
Navigating the complexities of undue influence in probate litigation can be daunting, especially during this period of grief and loss. Understanding the signs, legal standards, and strategies for proving or defending against undue influence is crucial for ensuring that the deceased’s wishes are honored. By taking proactive steps in estate planning and seeking professional guidance, individuals can protect their loved one’s intentions and minimize the risk of undue influence affecting their legacy.
By seeking the assistance of a probate attorney, you can navigate the complexities of the probate process with confidence and peace of mind. If you need more guidance in the probate process, check out our Overview of California Trust Litigation or Overview of the California Probate process for a more in-depth look at your case.
If your case is in California and you’d like an honest opinion, fill out our Get Help Now form. Or contact our office today to schedule your free 30-minute phone consultation by calling us at (888) 443-6590.