What is the test for undue influence in a revocable trust?

Rather, the court implicitly determined that the presumption of undue influence applied and explicitly stated that the burden shifted to respondents to show there was no undue influence. As to the definition of "undue influence," the trial court merely paraphrased Rice v. Clark (2002) 28 Cal.4th 89, which stated: "Undue influence is pressure brought to bear directly on the testamentary act, sufficient to overcome the testator's free will, amounting in effect to coercion destroying the testator's free agency. [Citations.]" (Id. at p. 96.)

Undue influence is "influence used directly to procure the will" that destroys free agency on the part of the testator. (In re Arnold's Estate (1940) 16 Cal.2d 573, 577.) The same principles apply to a revocable trust executed as part of an estate plan. (See Hagen v. Hickenbottom (1995) 41 Cal.App.4th 168, 182.) "Mere general influence, however strong and controlling, not brought to bear upon the testamentary act, is not enough . . . ." (In re Arnold's Estate, supra, 16 Cal.2d at p. 577.) The court correctly understood that undue influence had to overcome Negri's free will and directly affect the amendment of the trust.

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