Law Offices of Alice A. Salvo - Woodland Hills Estate Planning Attorney

Start Your Solution. Schedule a Free Consultation Today.
818-676-9572

  • Home
  • Firm Overview
  • Attorney
  • Practice Areas
  • Questions And Answers
  • Seminars
  • Articles
  • Blog
  • Contact
  • Estate Planning
  • Wills
  • Powers Of Attorney
  • Health Care Directives
  • Trusts
  • Conservatorships
  • Elder Law
  • Medi-Cal Planning
  • Guardianships
  • Probate
Contextual
  • Estate Planning
  • Wills
  • Powers Of Attorney
  • Health Care Directives
  • Trusts
  • Conservatorships
  • Elder Law
  • Medi-Cal Planning
  • Guardianships
  • Probate
  • X Close

How can undue influence invalidate a will?

On behalf of Law Offices of Alice A. Salvo | Apr 15, 2018 | Executors And Fiduciaries, Trustees

If you are like many people in California and across the United States, you created your last will and testament while you were of sound mind and body. When writing your will, you determine who you want to have your possessions and finances upon your passing. In some cases, however, there may be people who try to influence you to make drastic changes in your will, especially as you grow older. This is referred to as undue influence, and it can invalidate a will if it is found you were not making the changes and decisions on your own accord.

Undue influence occurs when someone urges or persuades another person to make changes to their will designating them as the beneficiary to property. This involves changes that the will creator would not have made if they were acting on their own free will.  This persuasion can be used to invalidate the will if the person who is writing the will was under so much duress that they were unable to resist the overwhelming influence of the other person. Furthermore, the changes made to the will must directly benefit the person who is being accused of undue influence.

There are certain factors judges will look for if they are considering undue influence in a case. These include the age, education level and cognitive function of the person creating the will. Also, the judge may look at whether there are injuries, illnesses, emotional distress or disabilities involved.

This information is intended to educate and should not be taken as legal advice.

Subscribe To This Blog’s Feed

Categories

  • Blog (54)
  • Children with disabilities (2)
  • Conservatorship (10)
  • Estate Planning (224)
  • Executors And Fiduciaries (37)
  • Health Care Directive (6)
  • Health Care Directive And Power Of Attorney (6)
  • Heirs And Beneficiaries (57)
  • Long-Term Care (5)
  • Probate (21)
  • Probate And Estate Administration (47)
  • Social Security Disability (1)
  • Special Needs Trusts (38)
  • Trust Administration (34)
  • Trustees (37)
  • Trustees, Executors And Fiduciaries (6)
  • Uncategorized (75)
  • Wills (9)

Archives

Recent Posts

  • What are the Powers of a California Conservator?
  • Who Inherits in California When There is No Will?
  • What is the Difference Between Having a Will and Estate Planning?
  • Navigating the IEP process in California
  • What if I Can’t Find My Parent’s Will?
findlaw-network
Email Us For a Response

Contact Us

Office Location:

Law Offices of Alice A. Salvo
20350 Ventura Boulevard
Suite 110
Woodland Hills, CA 91364

Phone: 818-676-9572
Fax: 818-716-9275
Map & Directions
Review Us
Law Offices of Alice A. Salvo
  • Follow
  • Follow
  • Follow
Super Lawyers
Peer Review Rated

© 2021 Law Offices of Alice A. Salvo. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters