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California will contest or trust contest based on undue influence

This article focuses on how undue influence is proven in a California will contest or trust contest.

Undue influence  is when someone uses pressure to force another person to sign a document against what they would normally choose, if they was no pressure for them to sign. It is not enough to prove someone influenced the testator or had an opportunity to influence the testator. You must prove influence existed in getting the testator to sign a will or trust. Proving influence is when you can show someone exerted pressure on the testator to sign. This pressure can involve arguing or using some other kind of coercion keeping them from making their own choice.

How Can Undue Influence Be Proven

You can prove influence when a person doesn’t have some sort of cognitive or mental dysfunction. It is easier to prove when there is a documented cognitively impairment. A person can be mentally competent but still subject to undue influence. For example, someone clearly compromised by dementia may still have mental capacity. She is vulnerable to manipulation and particularly vulnerable to someone she trusts, like her daughter or son.

Of course, some people have declined so far that they are both subject to influence and mentally incompetent. These are not mutually exclusive conditions. A person can be mentally incompetent, unduly influenced or both. The person subject to undue influence is often forgetful and dependent on other people but he or she is still competent. Even though competent, a person in this compromised condition can easily fall prey to those seeking to take advantage of them (i.e. subject to undue influence) because of their condition.  Prove undue influence and the will contest or trust contest will be successful.

Medical Records

When trying to prove lack of mental capacity or undue influence, the testator’s medical records are going to be important. If the records are not readily available then they will likely be obtained by your probate litigation attorney during the course of the litigation by subpoena. At trial, you will most certainly need an expert, a forensic geriatric psychiatrist, to testify the medical records show your loved one was either mentally incompetent or compromised and therefore subject to undue influence. If you suspect one of your loved ones was the victim of undue influence, call us today. We are here to help. You can also request our free book Winning the Inheritance Battle for more information.

Scott Grossman

Scott Grossman


The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307

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