Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence

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-- (1) A contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.
What Is Undue Influence? The vulnerability of the victim. The influencers apparent authority over the victim. The actions or tactics used by the influencer. Unfairness of the resulting will or trust.
Undue influence renders the impugned contract voidable. It requires: (1) that the defendant possessed influence over the complainant, which (2) he exercised, (3) in a way that amounted to an abuse (an undue exercise) of that influence and (4) that this brought about the impugned contract.
In California, proving undue influence is a difficult task for attorneys, especially where a particular family member is the apparent authority figure. Courts believe that individuals have sufficient mental capacity to execute their wishes.
To prove undue influence you need to prove four basic elements: Vulnerability of the victim, Apparent authority of the wrongdoer, Actions and tactics used in unduly influencing the victim, and. An inequitable result.
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The American Bar Association explains the four elements of undue influence you must establish. Vulnerability of the victim. For undue influence to apply, you must prove that the victim was excessively vulnerable. Influencers authority. Overt tactics. Inequitable results.

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