What is the test for finding that a spouse exerted undue influence over a deceased spouse?

California, United States of America


The following excerpt is from Estate of Savic v. Sosa, B275155 (Cal. App. 2018):

"'Direct evidence as to undue influence is rarely obtainable and hence a court or jury must determine the issue of undue influence by inferences drawn from all the facts and circumstances.' [Citations.] Thus, . . . the pressure, or undue influence, may be established by circumstantial evidence. [Citation.]" (Lintz v. Lintz (2014) 222 Cal.App.4th 1346, 1355 [affirming trial court judgment voiding decedent's trusts based on finding that spouse exercised undue influence over decedent].)

Other Questions


What is the test for determining whether a spouse gaining undue influence has overcome the presumption of undue influence? (California, United States of America)
What is the test for determining whether a spouse can be found liable for undue influence under section 721 of the California Marriage Act? (California, United States of America)
What is the test for reversing a finding of guilty on appeal against a finding that a defendant was driving under the influence of alcohol? (California, United States of America)
What is the test for overturning a finding that there was no undue influence or unfairness on the part of Respondent's wife? (California, United States of America)
What is the test for establishing that a spouse has a presumption of undue influence in a property transaction? (California, United States of America)
Does the presumption of undue influence apply in marital transactions in which one spouse has deeded property to the other? (California, United States of America)
What is the test for determining whether to enforce by restitution a spouse's community property interest in pension payments received by the retiree spouse before partition? (California, United States of America)
Can a lawyer who acted in good faith and without undue influence over his client in a civil rescission action against a local authority have any credibility to be considered a witness? (California, United States of America)
If a police officer stops a car and finds contraband in the vehicle and finds it to be illegal, what is the effect of the initial stop? (California, United States of America)
Does a jury's collective finding of doubt constitute a collective finding that a juror has a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.