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

her overall mental and physical weakness justified finding that she had been subject to undue
influence. 48
In the case of Arthur, the court held the evidence was sufficient to show that Arthur’s
wife did have an opportunity to unduly influence his mind, and that her actions and conduct
might be regarded as suspicious; however, such evidence was insufficient to support a finding of
undue influence. 49
Although Irene’s and Arthur’s stories are factually similar, the California courts
determined only one decedent had been unduly influenced. This inconsistency highlights the
need for a statutory definition of undue influence.
B. Possible Solutions
As discussed in Part II, there are currently two legal theories of undue influence, the
“factors” model and the “presumption model.” 50
The presumption model creates a presumption
of undue influence where there is a confidential or trust relationship between the testator and the
alleged influencer (such as the relationship between an elderly person with mental or physical
impairments and his or her caregiver). The presumption model shifts the burden of proof onto
the proponent of the will, rather than contesting party, to show that the disposition was not a
product of undue influence. 51
The factors model focuses on the susceptibility of the victim to undue influence.
However, susceptibility alone is not enough to prove undue influence without other factors,
48 In re Teel’s Estate (1944) 25 Cal.2d 520, at 527.
49 Greenhill at 169.
50 Spar, J. Edward MD, Attorney’s Guide to Competency and Undue Influence, National Association of Elder Law
Attorney’s Quarterly, Summer 2000.
51 Id.
60