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The need for a clear definition of undue influence has emerged as California probate courts and probate courts across the country increasingly must deal with conservatorship petitions alleging that undue influence is imminent, is actively taking place, or took place within
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May 8, 2024 · “Undue influence” means excessive persuasion that overcomes another person’ s free will and causes the person to do something or to not do something that causes an unfair r esult.
The Supreme Court reversed, holding that claims that trust provisions or amendments are the product of incompetence, undue influence, or fraud should be decided by the probate court if the invalidity of those provisions or amendments would render the challenger a beneficiary of the trust. Read more.
Odorizzi's amended complaint asserts his resignation was invalid because obtained through duress, fraud, mistake, and undue influence and given at a time when he lacked capacity to make a valid contract.
In determining whether undue influence was used, the statute directs a court to consider four factors: (1) the vulnerability of the victim (Id., subd. (a) (1)); (2) the influencer’s apparent authority, which may be evidenced by a fiduciary or family relationship (Id., subd.
Apr 28, 2017 · Proving undue influence in California court proceedings is based on four key elements: vulnerability, authority, actions and tactics, and unfair outcomes.
Jul 20, 2011 · There are two primary ways to prove undue influence under California law—by either (i) shifting the burden of proof to John, in the example above, so he then has to prove an absence of undue influence, or (ii) by Jerry or Jack proving directly that John exercised undue influence over their mother.
