New California Undue Influence Statute And What It Means


On October 9, 2013, Governor Brown signed new legislation adding a new statutory definition of undue influence at California Welfare & Institutions Code §15610.70 and amending other related statutes. I have copied below at the end of this post the information and wording of the legislation from the following California legislative page:

I haven’t been following this legislation. And as I haven’t read anything about the intended purpose of the legislation, why it was needed, or what improvement it is intended to accomplish, my below comments about the new law are uninfluenced based on the wording of the statutory changes and the current existing law on undue influence. I have been involved in mental capacity, fraud, and undue influence, and will and trust contest cases for most of my legal career. I also invite you to provide your comments about the new law.


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