Undue Influence: Definitions and Applications - California Courts ...
Undue Influence: Definitions and Applications - California Courts ...
Undue Influence: Definitions and Applications - California Courts ...
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(2) A relationship existed with someone whereby that person had an opportunity to influence<br />
the person who made the will;<br />
(3) The person who benefited from the will was active in procuring the will; <strong>and</strong><br />
(4) The will cuts out those people or organizations that would naturally benefit from the will<br />
or, the will is contrary to the prior expressed intentions of the will maker.<br />
<strong>Undue</strong> <strong>Influence</strong> <strong>and</strong> Probate Law in Other States<br />
The review of definitions of undue influence as they apply to conservatorship or adult<br />
guardianship in other states’ probate statutes was conducted with the assistance of Professor<br />
Rebecca Morgan at the Stetson University College of Law. Using electronic technology, Dr.<br />
Morgan assigned students to work with the Project Director to identify state probate codes to see<br />
if they contained definitions of undue influence.<br />
Not a single state has a clear definition of “undue influence” in its Probate Code,<br />
although, like <strong>California</strong>, most reference the term. Some states, namely Florida, Georgia,<br />
Louisiana, Nevada, North Dakota, South Dakota, <strong>and</strong> Ohio, have partial definitions, which<br />
broadly define undue influence as something that occurs when a fiduciary or confidential<br />
relationship exists in which one person substitutes his own will for that of the donor’s will.<br />
Many states have definitions of undue influence in other code sections such as the civil<br />
code or penal code. In addition, most states, like <strong>California</strong>, have case law that sets out defining<br />
aspects of undue influence. It appears that states have been reluctant to place definitions of<br />
undue influence into their probate codes although despite the fact that cases governed by undue<br />
influence arise mainly in the probate context.<br />
Literature Review on <strong>Undue</strong> <strong>Influence</strong><br />
The literature review consisted of a general overview of how undue influence <strong>and</strong> related<br />
topics have been by addressed by experts in the fields of psychology, law, criminology,<br />
victimology, <strong>and</strong> elder abuse. The findings are partially described below, with the full review<br />
included as Appendix C. The general overview of undue influence was conducted by consultant<br />
Lisa Nerenberg. Articles were identified by the Project Director, Mary Joy Quinn <strong>and</strong> by<br />
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