Mark W. Bidwell

Trust, probate and will attorney and lawyer in Huntington Beach, CA

March, 2019

Undue Influence Defined

Welfare and Institutions Code 15610.70.  (a) “Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.

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Presumption of fraud or undue influence

(a) A provision of an instrument making a donative transfer to any of the following persons is presumed to be the product of fraud or undue influence: (1) The person who drafted the instrument. (2) A person who transcribed the instrument or caused it to be transcribed and who was in a fiduciary relationship with […]

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