Skip to content
  • Latest
2024 Success Stories
  • Call Today: 310.444.9060
  • Probate Services
    ▼
    • Trust & Will Disputes
    • Fiduciary Misconduct
    • Property Disputes
    • Elder Financial Abuse
    • Trust & Estate Administration
    • Conservatorship
    • Guardianship
    • Probate Appeals
  • Who We Help
    ▼
    • Executor / Administrator
    • Trustee
    • Beneficiary
    • Spouse
    • Power of Attorney
    • Conservator
    • Guardian
    • Creditor
  • Our Firm
    ▼
    • Attorneys
    • Staff
    • Careers
    • 10th Anniversary
  • Learn
    ▼
    • Blog
    • Case Studies
    • Newsletters
    • Testimonials
    • Whitepapers
  • Request a Consultation
  • Probate Services
    • Trust & Will Disputes
    • Fiduciary Misconduct
    • Property Disputes
    • Elder Financial Abuse
    • Trust & Estate Administration
    • Conservatorship
    • Guardianship
    • Probate Appeals
  • Who We Help
    • Executor / Administrator
    • Trustee
    • Beneficiary
    • Spouse
    • Power of Attorney
    • Conservator
    • Guardian
    • Creditor
  • Our Firm
    • Attorneys
    • Staff
    • Careers
    • 10th Anniversary
  • Learn
    • Blog
    • Case Studies
    • Newsletters
    • Testimonials
    • Whitepapers
  • Request a Consultation
  • Probate Services
    • Trust & Will Disputes
    • Fiduciary Misconduct
    • Property Disputes
    • Elder Financial Abuse
    • Trust & Estate Administration
    • Conservatorship
    • Guardianship
    • Probate Appeals
  • Who We Help
    • Executor / Administrator
    • Trustee
    • Beneficiary
    • Spouse
    • Power of Attorney
    • Conservator
    • Guardian
    • Creditor
  • Our Firm
    • Attorneys
    • Staff
    • Careers
    • 10th Anniversary
  • Learn
    • Blog
    • Case Studies
    • Newsletters
    • Testimonials
    • Whitepapers
  • Request a Consultation

Home » Blog » Undue Influence, and The Role of Probate Code Section 86

Last Updated: October 19, 2020

Undue Influence, and The Role of Probate Code Section 86

Search

Just because a decedent may have signed a will or trust does not necessarily mean that such documents cannot be challenged and invalidated. Wills and trusts may be considered invalid to the extent that their execution were procured through unlawful means, including, but not limited to, undue influence. Undue influence may have been exerted upon a decedent where, for example, such instruments were created by parties taking advantage of him or her in a weak and vulnerable state.

The California Supreme Court has defined undue influence as “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.” Rice v. Clark (2002) 28 Cal.4th 89, 96.

In California, undue influence can be proven either (1) directly, or (2) by shifting the burden of proof to the opposing party. Proving undue influence has directly occurred, however, has recently become much more straightforward.

Effective January 1, 2014, the California Legislature introduced Welfare and Institutions Code Section 15610.70 and Probate Code Section 86, which detail a new standard for proving undue influence and consists of four factors: (1) the vulnerability of the victim, (2) the influencer’s apparent authority, (3) the influencer’s conduct, and (4) the equity of the challenged result, which may include economic consequences of the victim, the relationship of the value of anything received, or the appropriateness of the chance given the nature and length of the relationship.

Since the introduction of Probate Code Section 86, the California Court of Appeal most noticeably began to interpret this new provision in the case, Lintz v. Lintz (2014) 222 Cal.App.4th 1346.

In 2014, the California Court of Appeal heard Lintz v. Lintz, a case brought by the decedent’s daughter against the decedent’s third wife. The decedent, a multi-millionaire, continuously rewrote his trust several times at the end of his life providing his third wife an increasingly larger share of his estate.

While California law prior to January 1, 2014 applied to Lintz, in the footnotes to the case, the court examined undue influence and widened the perspective of case law. The court noted the recent creation of Probate Code 86 had no effect on the court’s analysis and went so far as to state that Probate Code 86 “eliminates any doubt that the two standards (direct or burden shifting) are now the same.”

Lintz thus appears to serve as a transition from prior undue influence law to current. The new type of undue influence law should foster an environment of greater elder protection.

If you are involved in a probate dispute or litigation, seek the counsel of the highly sought after and experienced probate attorneys in Los Angeles at Keystone Law Group, P.C. We will assess your situation and create best course of action to achieve the best possible outcome. For further information or to schedule an appointment please contact us at 310.444.9060  or visit www.Keystone-Law.com.

Share Post
PrevPreviousEquitable vs Statutory Adoption: Probate Code 6454 & Requirements of Equitable Adoption in California
Read NextFiduciary DutiesNext

Related Articles

shutterstock_2304763731-cropped
2024 Success Stories
Read More
Signing contract and buying agricultural machines and farming equipment
Restoring Ownership of Home — and Justice — for Financially Exploited Elder
Read More
Close up of hands using phone
Shutting Down a Scandal: Protecting a Son’s Legacy From Influencer’s Social Media Attacks 
Read More
talking with trustee
Keeping the Peace in Decades-Old Family Feud
Read More
senior caucasian man open mail letter sign contract document at home
Securing Multimillion-Dollar Settlement for Nephew of Hollywood Icon Without Litigation
Read More
Angry neighbours having argument near fence outdoors
Using a Summary Judgment Motion to Shut Down a Baseless Trust Dispute
Read More
Contract, signature and attorney consulting a client in his office with legal paperwork or agreement
Safeguarding Daughter’s Inheritance From Trust Mismanagement
Read More
proving undue influence
How to Prove Undue Influence in a Will or Trust
Read More
taking sibling to court
Guide to Legal Action Against Siblings
Read More
Subscribe to The Keystone Quarterly  

Stay up to date with the latest news in the exciting world of probate law through our quarterly newsletter, The Keystone Quarterly. 

Each issue provides insight into the latest probate developments, delves into some of Keystone’s more interesting cases, and gives important updates about our firm. The Keystone Quarterly is a must-read for attorneys and clients alike.

Linkedin Instagram Facebook
Contact
  • 11300 West Olympic Blvd.
    Suite 910
    Los Angeles, CA 90064
  • 310.444.9060
Contact Us
Linkedin Instagram Facebook
Company
  • Our Firm
  • Attorneys
  • Staff
  • Careers
  • 10th Anniversary
Probate Services
  • Trust & Will Disputes
  • Fiduciary Misconduct
  • Property Disputes
  • Elder Financial Abuse
  • Trust & Estate Administration
  • Conservatorship
  • Guardianship
  • Probate Appeals
Who We Help
  • Executor / Administrator
  • Trustee
  • Beneficiary
  • Spouse
  • Power of Attorney
  • Conservator
  • Guardian
  • Creditor
Learn
  • Blog
  • Case Studies
  • Newsletters
  • Testimonials
  • Whitepapers
  • Terms of Use
  • Privacy Policy
  • Cookie Policy
  • Sitemap
  • Terms of Use
  • Privacy Policy
  • Cookie Policy
  • Sitemap

©2025 Keystone Law Group, P.C. All rights reserved.

This website is for general information purposes only and is not intended to constitute legal advice. Connection to this website, and communication to this law firm via email or other electronic transmission do not constitute an attorney-client relationship with Keystone Law Group, P.C. unless a separate written agreement is signed by you and Keystone Law Group, P.C. as to the nature of any relationship and the amount to be charged for the intended legal services.

Manage Cookie Consent
We use technologies like cookies to store and/or access device information. We do this to improve browsing experience and to show personalized ads. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
Manage options Manage services Manage {vendor_count} vendors Read more about these purposes
View preferences
{title} {title} {title}