Legal Definition
“Undue influence” has the same meaning as defined in Section 15610.70 of the Welfare and Institutions Code. It is the intent of the Legislature that this section supplement the common law meaning of undue influence without superseding or interfering with the operation of that law.
Basic Definition
Section 86: “Undue influence” has the same meaning as defined in Section 15610.70 of the Welfare and Institutions Code. It is the intent of the Legislature that this section supplements the common law meaning of undue influence without superseding or interfering with the operation of that law.
In-Depth Overview & Use Cases
Section 86 provides a comprehensive definition of “undue influence,” as cross-referenced in Section 15610.70 of the Welfare and Institutions Code. It describes acts that manipulate or coerce a person to make decisions against their free will, particularly in financial or testamentary matters. Common use cases include contesting wills or trusts where undue influence by a caregiver, relative, or third party is suspected.
Application & Relevance
This section is widely referenced by probate litigation attorneys to challenge the validity of wills, trusts, or financial decisions made under questionable circumstances. Its relevance lies in protecting vulnerable individuals from manipulation, ensuring that testamentary documents reflect their true intentions.
Legal Scenario
Trust Litigation
Probate Code Impact
Section 86 is often cited in cases where undue influence is suspected in the creation or alteration of a trust. If a vulnerable individual is coerced into altering a will or trust, it could lead to the invalidation of such documents.
Legal Scenario
Trust Contests
Probate Code Impact
In trust contests, if undue influence is suspected, Section 86 provides the legal foundation to challenge the trust’s validity. The burden is on the contestant to prove that the trust was the result of manipulation or coercion.
