How To Prove A California Undue Influence Claim

 

How To Prove A California Undue Influence Claim

 

In California, a claim of Undue Influence is defined as:

Undue influence occurs when a caregiver or someone who has a fiduciary or confidential relationship with a weaker, ailing, or elderly person substitutes his own will for that of the weaker person.

It simply means:

When someone else persuades a weaker party to sign a contract.

There are 3 elements of the claim:

  • Element 1. The person alleged to have exerted undue influence had a confidential relationship with the testator. The person accused of unfairly influencing the testator had a close, trusting relationship with them, which may have allowed them to manipulate the testator’s decisions about their will or estate.

    Facts that might support this element look like:

    * The alleged influencer was the testator’s primary caregiver for several years, managing their daily activities and health care decisions.
    * The testator frequently relied on the alleged influencer for financial advice and assistance with managing their estate.
    * The alleged influencer had access to the testator’s personal documents and financial records, demonstrating a position of trust.
    * The testator often expressed emotional dependence on the alleged influencer, seeking their approval and guidance in personal matters.
    * The alleged influencer was present during key discussions about the testator’s estate planning, influencing the testator’s decisions.

  • Element 2. The person alleged to have exerted undue influence actively participated in procuring, preparation and or execution of a testamentary instrument. This means that the person accused of unfairly influencing someone to change their will was directly involved in getting the will made, helping to prepare it, or making sure it was signed, which raises questions about whether the will truly reflects the person’s wishes.

    Facts that might support this element look like:

    * The alleged influencer was present during the drafting of the will and provided specific instructions on its contents.
    * The alleged influencer arranged for the attorney to meet with the testator, ensuring their presence during the will’s execution.
    * The alleged influencer frequently discussed the testator’s assets and expressed their desired outcomes regarding the distribution of those assets.
    * The alleged influencer was involved in the selection of witnesses for the will, influencing who would attest to its validity.
    * The alleged influencer pressured the testator to make changes to the will shortly before its execution, demonstrating control over the process.

  • Element 3. The person alleged to have exerted undue influence would benefit unduly by the testamentary instrument. In an undue influence claim, it must be shown that the person accused of manipulating someone to change their will stands to gain unfairly from that change, meaning they would receive more than they would have without the influence.

    Facts that might support this element look like:

    * The individual alleged to have exerted undue influence was the primary beneficiary of the decedent’s will, receiving a significantly larger share of the estate than other family members.
    * The alleged influencer had exclusive access to the decedent during the final months of their life, limiting contact with other relatives who might have provided support.
    * The decedent had previously expressed intentions to distribute their estate differently, indicating a change in their wishes coinciding with the alleged influencer’s involvement.
    * The alleged influencer was in a position of trust and authority over the decedent, often making decisions on their behalf regarding financial and personal matters.
    * The testamentary instrument was executed shortly after the decedent became dependent on the alleged influencer for care and assistance, raising questions about the decedent’s autonomy.

(See California Civil Jury Instructions (CACI), No. 3117 (2020). Bertero v. National General Corp., 529 P. 2d 608 – Cal: Supreme Court 1974. David v. Hermann, 28 Cal. Rptr. 3d 622 – Cal: Court of Appeal, 1st Appellate Dist., 1st Div. 2005. Rice v. Clark, supra, 28 Cal.4th 89, 97, 120 Cal.Rptr.2d 522, 47 P.3d 300.)
If you’re in court without a lawyer and plan to assert a Claim of Undue Influence, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

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