Can an intestate succession be challenged on the basis of undue influence?

Yes, an intestate succession can be challenged on the basis of undue influence in California. Undue influence is a legal term that describes a situation in which a person has been coerced or manipulated into making a decision that is not in their best interests, or is not their own choice. When it comes to intestate succession, undue influence is a type of fraud that can be used to manipulate someone into leaving their estate to someone that they would have not chosen on their own. In order to prove that an intestate succession was the result of undue influence, the person challenging the estate must provide proof that the deceased was in a vulnerable position (i.e. sick, elderly, or weak) at the time of creating their will. In addition, evidence must be presented that the person benefiting from the estate had a significant control or influence over the deceased. Such evidence may include financial documents or written agreements made between the two parties. It is important to note that undue influence can be difficult to prove in court, as the burden of proof lies with the person challenging the estate. The individual has to provide sufficient evidence to show that the deceased was in a vulnerable position and that the beneficiary of the estate had a significant control or influence over them. If successful, the court may invalidate the intestate succession, and new estate plans may need to be put in place.

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Can an intestate succession be challenged on the basis of undue influence?

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