What is the test for determining whether a transmutation has occurred?

California, United States of America


The following excerpt is from Tresp v. Griech (In re Tresp), D071843 (Cal. App. 2018):

Whether a transmutation has occurred is a question for the trier of fact. (Haseltine v. Haseltine (1962) 203 Cal.App.2d 48, 59.) On appeal, a reviewing court must affirm a court's factual determination as to whether a transmutation has occurred if the decision is supported by substantial evidence. (In re Marriage of Frick (1986) 181 Cal.App.3d 997, 1016-1017 ["Given substantial evidence supports the trial court's decision [that a transmutation had not occurred], we are compelled to reject [appellant's] argument"].)

ii. Undue influence

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