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In taking a grossly oppressive and unfair advantage of another’ s necessities or distress.The new contemporary definition of undue influence that is now set forth in the probate code will bring greater clarity to the determination of when excessive persuasion has become exploitive. App.4th 1346 is an action that was brought by the decedent’s daughters against defendant, the decedent’s third wife.The decedent was an elderly multi-millionaire retired developer.The new definition decouples the concept of undue influence from cognitive impairment.The vulnerability of the victim is central to undue influence, as well as the apparent authority of the influencer and the use of manipulation.Murderpedia has thousands of hours of work behind it.To keep creating new content, we kindly appreciate any donation you can give to help the Murderpedia project stay alive.Interestingly, in a footnote to the case, the court notes that during the pendency of the appeal, the Legislature added new Section 15610.70 to the California Welfare and Institutions Code with the new definition of undue influence, as well as adding Section 86 to the California Probate Code.They stated that while the new legislation does not affect their analysis, “it eliminates any doubt that the two standards are now the same.” Therefore, the case is a significant bridge from what the law has been in the past to the law under the new definition.In doing so, the court of appeal found that there was sufficient circumstantial evidence to support a finding that the execution of the testamentary instruments had been obtained by undue influence.The court found that the widow exerted undue influence specifically “to procure estate plans and control over assets, according to her wishes and contrary to the wishes of decedent.” While the decision applies to pre-January 1, 2014, matters, the court looks at undue influence in the context of financial elder abuse and sets forth a wider encompassing view of the case law definitions in the testamentary context.

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