Defense Options in Will Contests Involving Undue Influence

Will contests often arise when someone believes a decedent’s final wishes were manipulated by undue influence. Claiming undue influence in probate litigation is common, as it calls into question the validity of the will.  

However, defending against such claims can be equally critical for individuals tasked with upholding the legitimacy of the document.  

Let's explore the defense strategies available in will contests involving undue influence and learn how the Law Offices of David H. Schwartz, INC., can help California residents resolve disputes related to undue influence. 

If you’re located in the San Francisco Bay Area—including San Jose, Santa Clara, San Mateo, Alameda County, and Oakland—Attorney David Schwartz can advocate on your behalf.  

With decades of focused experience in probate, business, and civil litigation, Attorney Schwartz is no stranger to complicated legal disputes. Clients trust him for his professionalism, long history of success, and sensitive approach to the needs of each client.  

Understanding Undue Influence in Will Contests

The premise of undue influence involves a situation where someone pressures or manipulates a testator (the person creating the will) into making decisions that go against their true intentions.  

This coercion must go beyond mere persuasion; it must involve duress that compromises the testator’s free will.  

Probate law recognizes the importance of protecting individuals—particularly the elderly or those with diminished capacity—from manipulation, but also balancing this with the presumption that the will represents the testator’s final wishes.  

Defending against allegations of undue influence requires careful analysis of the situation and understanding the burden of proof.  

California Laws and How They Apply to Undue Influence

California laws address undue influence in the context of wills and trusts. The state’s probate code provides a framework for evaluating these claims.  

Presumption of Undue Influence 

Under California Probate Code Section 21380, undue influence is presumed if a testator’s estate plan benefits a caregiver or someone in a fiduciary relationship with them, particularly when the testator relies on this individual for critical decisions.  

Legal Definition 

California law defines undue influence based on several key factors, including vulnerability of the testator, authority or power of the alleged influencer, and any actions that resulted in inequitable consequences. Experts often assess the dynamics between the testator and the alleged influencer to determine if undue influence occurred.  

• No-contest clauses: California law also allows no-contest clauses in wills and trusts, penalizing beneficiaries who contest the will unless probable cause is probable. This serves as a deterrent but isn’t an absolute shield against litigation.  

Defense Strategies in Will Contests

Successfully defending against will contests requires a comprehensive understanding of the legal principles at play and the ability to present compelling evidence to uphold the testator's intentions. 

Challenging the Evidence of Vulnerability  

One key element of undue influence claims is showing that the testator was in a weakened state—physically, mentally, or emotionally—that allowed undue pressure to take root.  

A strong defense often includes evidence that the testator was of sound mind and capable of making independent decisions. Statements from medical professionals, friends, or family members attesting to their abilities at the time can effectively counter vulnerability claims.  

Proving Independent Decision-Making  

Another defense strategy is demonstrating that the testator acted independently while creating, altering, or executing the will.  

This can be supported by showing that the testator consulted qualified estate planning professionals or sought legal advice without any involvement from the accused party. Documentation of these independent consultations can strengthen your case.  

Establishing Legitimate Relationships  

Claims of undue influence often hinge on the relationship between the testator and the beneficiary accused of exerting pressure. A defense can involve proving that the relationship was genuine, long-standing, and absent of manipulative intent.  

For example, if the testator had always intended to leave assets to the accused beneficiary, this could counteract claims of sudden influence.  

Highlighting Consistency in Estate Plans  

Defending against undue influence claims may also involve comparing the contested will with prior versions. If the provisions in the disputed will are consistent with earlier wills or other statements made by the testator, it can serve as evidence reinforcing their true intentions.  

Discrediting the Motives of the Contestant  

Finally, defense strategies may involve scrutinizing the motivations of the person challenging the will. If the contestant has a financial incentive or a history of disputes with the accused beneficiary, this may undermine their credibility and highlight ulterior motives behind the contest.  

Using Expert Witness Testimonies  

Working with handwriting analysts, medical experts, and forensic specialists can create a more comprehensive defense. These professionals can lend their insights to validate the legitimacy of the will, adding weight to the defense case.  

Business Litigation Attorney Serving the San Francisco Bay Area 

The Law Offices of David H. Schwartz, INC. empower clients to succeed in high-stakes legal matters. David Schwartz brings over 45 years of experience in cases involving shareholder actions, trade secrets, business litigation, Civil RICO, and more.

Attorney Schwartz takes a personalized approach to every case. He serves clients throughout the San Francisco Bay Area, including Oakland, San Jose, Alameda, Santa Clara, San Mateo, and beyond.