What is the test for determining whether a spouse gaining undue influence has overcome the presumption of undue influence?
California, United States of America
The following excerpt is from Harvey v. Harvey (In re Harvey), F070672, F071535 (Cal. App. 2016):
The issue of "whether the spouse gaining an advantage has overcome the presumption of undue influence is a question for the trier of fact, whose decision will not be reversed on appeal if supported by substantial evidence." (In re Marriage of Mathews (2005) 133 Cal.App.4th 624, 632, citing Weil v. Weil (1951) 37 Cal.2d 770, 788; accord, In re Marriage of Burkle (2006) 139 Cal.App.4th 712, 737.)
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