What is the burden of proving undue influence in a testamentary case?
California, United States of America
The following excerpt is from Arnold v. Fuller, B241450 (Cal. App. 2014):
The contestant of the testamentary act generally has the burden of proving undue influence. (David v. Hermann, supra, 129 Cal.App.4th at pp. 684-685.) The contestant may, however, shift the burden of proof to the proponent of the testamentary act by establishing a presumption of undue influence. The presumption arises when "(1) the person alleged to have exerted undue influence had a confidential relationship with the
Page 10
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of proving undue influence on a testamentary instrument? (California, United States of America)
What is the test for determining whether a spouse gaining undue influence has overcome the presumption of undue influence? (California, United States of America)
What is the burden of proving a plaintiff has a prima facie case in a disparate impact case? (California, United States of America)
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
What is the burden of proving the underlying facts by a preponderance of the evidence in a criminal case? (California, United States of America)
What is the burden of proving a defendant's prior conviction in a sexual assault case? (California, United States of America)
What is the burden of proving beyond a reasonable doubt against a defendant in a sexual assault case? (California, United States of America)
What is the burden of proving every element of a charged crime against a defendant in a civil case? (California, United States of America)
Can a defendant move for acquittal on the grounds that the prosecution failed to prove a prima facie case at the close of the prosecution's case-in-chief? (California, United States of America)
What is the burden of proving prejudice against a defendant in a consolidated case? (California, United States of America)
