What Is “Undue Influence” in California and How Can It Be Used?

Family relations are fraught with emotions and decisions taken within a family, especially those concerning wealth and its distribution, can trigger passionate reactions. Some members of the family circle have a strong influence on others.

While this can be a positive thing, sometimes someone's influence becomes "undue."

What is undue influence?

In the context of contesting a will or trust in California, undue influence typically occurs when a person creating a Will or Trust is weakened (in a weak mental state), and the influencer exercises coercion, thereby replacing the intent of the testator with his or her own intent.

As we described in a recent blog post the weakened mental state of the testator is similar to the mental state required as a condition to declare lack of capacity. However the other conditions necessary to declare lack of capacity are not required for undue influence. A Will is presumed valid unless the testator lacked capacity at the moment of signing the Will. A person with dementia may have good and bad days and could conceivably have had capacity on the day the Will was signed. Proving a situation of lack of capacity may therefore be difficult.

To prove undue influence, however, all that is needed is establishing weakness of mind, and that this weakness has been taken advantage of by the person unduly profiting thereby.

How can you prove undue influence?

Various elements may converge towards proof of undue influence, like:

• A mental weakness, infirmity, or impairment of the testator resulting in having his or her free will altered or confused
• 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 are at odds with the testator's earlier stated intentions

Talk to California will contest and trust litigation attorney Scott Grossman about what your situation is, what your goals are, and any questions you might have. Call us at (951) 683-3704 or (866) 840-0000 for your FREE 30 minute telephone consultation. Our offices are located in Riverside and Temecula.

If you would like more information on probate and trust administration, order our FREE books and DVDs:

• The Insider's Guide to California Probate and Trust Administration
• Probate a Will or Administer a Trust After the Death of a Loved One