What Defines Undue Influence in California?

California defines undue influence as excessive persuasion that overcomes a person's free will and results in inequity. Courts look at four things with regard to undue influence. The first is the victim's vulnerability, such as age, illness, cognitive decline, or isolation. The second is the influencer's apparent authority, such as a caregiver, family member, or fiduciary. The third is the actions or tactics used. The fourth is the equity of the result. An unfair outcome alone is not enough, so evidence on the other factors matters. In some situations, such as when a will or trust benefits the person who drafted it, California presumes fraud or undue influence, and that person has to prove otherwise.