Undue Influence: Definitions and Applications - California Courts ...

disposition to exert undue influence; (4) the beneficiary’s opportunity to exert undue influence;
(5) the beneficiary’s exertion of control over testator as to other, non-testamentary matters; and
(6) an unnatural disposition of estate under a challenged will, indicated by an unusually
favorable treatment of the influencer, unusually unfavorable treatment of the natural objects of
testator’s bounty, or inconsistent provisions of prior wills.
III. Analysis
A. The Problem With Not Having a Statutory Definition of Undue Influence
When Arthur Greenhill married his fourth wife, Adelle, he was 65 years old. Four and
half months later he was dead. He left behind his widow, children, and a will written on his
death bed. In the will, Arthur’s new wife was to receive the bulk of his estate. Arthur’s four
children from his first and second marriages, with whom he had close and loving relationships,
received gifts of only $10 each. Arthur’s previous dozen or so wills had devised everything he
has to his children. Nevertheless, Arthur’s widow, as executor of the estate, petitioned for
probate of the will. The children contested on the grounds that their father had executed it under
the undue influence of his new wife.
The allegation was based on the fact that Arthur signed the will in question while in
critical condition after a heart attack, and with his death expected at any time. In fact, just two
hours before the signing, Arthur’s doctor had determined that any further questioning of Arthur
would likely result in his death. Arthur was in extreme pain and barely spoke in the hours after
being rushed to the hospital.
According to the testimony of his doctor, Arthur may have spoken a few words to his
wife during this time at the hospital. His wife then inquired “if it would be possible to bring a
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