Proving a Decedent Was Not Under Undue Influence When They Made the Will
In California, one of the most common reasons for filing a will contest is undue influence, which happens when someone uses excessive persuasion, coercion, or pressure to manipulate a testator into creating a will that does not reflect their true wishes. However, while some claims of undue influence are valid, some are not. If someone contests a loved one’s will under the ground of undue influence, knowing how to prove the decedent acted freely and voluntarily is key to protecting the will’s validity and ensuring the decedent’s true intentions are honored.
Understanding Undue Influence in California
Under California law, undue influence arises when a person’s free will is overcome. In the context of wills, undue influence occurs when someone uses their position of trust or power to manipulate or pressure a person into creating a will or altering its provisions, thereby reflecting the influencer’s wishes rather than the testator’s true intentions.
California probate courts consider several factors when determining whether undue influence occurred, including;
- The decedent’s mental and physical condition at the time they were creating their will
- The decedent’s relationship with the alleged influencer
- The decedent’s dependency on the alleged influencer
- Whether the decedent was isolated from family
- Sudden or unexpected changes in the will that benefit a particular person
How To Defend Against Claims of Undue Influence
To defend a will’s validity, the executor or beneficiaries must provide evidence that the decedent made decisions voluntarily and with full understanding of the decisions they were making.
Below is how to defend against claims of undue influence during the probate process;
Present Documents Showing the Decedent’s Mental Capacity
Medical records and statements from caregivers can help show that the decedent had the mental clarity to make informed decisions. If an attorney drafted the will, the attorney’s testimony can be vital evidence. Their testimony can establish that the decedent was alone and made decisions on their own free will.
Obtain Testimonies From Witnesses Present During the Will’s Execution
The witnesses who were present during the signing of the will and who also signed the will in the decedent’s presence can provide firsthand testimony about the will’s signing. They can testify about the decedent’s state of mind at the time of the will signing and their actions.
Demonstrate Independent Legal Advice
Even if an attorney did not draft the will, but the decedent sought legal advice, that can be used as evidence to show that the decedent received legal guidance and made informed decisions.
Highlight a History of Independent Actions
This entails demonstrating that the decedent made several decisions independently, including managing their finances, handling personal affairs, or making healthcare decisions without assistance.
Demonstrate Lack of Control and Absence of Vulnerability
Demonstrate that the alleged influencer did not have any control over the decedent. For example, show that they did not control their prescriptions or money. Additionally, if you can show that the decedent was not vulnerable to pressure, such as demonstrating they were not dependent on the alleged influencer, you may be able to strengthen the argument that the will accurately reflects the decedent’s true intentions.
Undue influence claims can be complex, which is why it is best to work with an attorney.
Contact The Probate Guy
If you need help defending the validity of your deceased loved one’s will, contact the experienced California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=15610.70.&lawCode=WIC
