Undue influence is a legal term used to describe a situation where a person is forced or manipulated into making a decision against their own free will. In California, undue influence can be used to invalidate a contract, will, or other legal documents. It can also be used to establish a claim for financial fraud or elder abuse. The legal definition of undue influence in California is the use of pressure, intimidation, or trickery to overcome the free will of another person. The person exerting the influence may be a family member, friend, or someone in a position of trust and power, such as a business associate or caregiver.
The courts consider several factors in determining if undue influence has been used. These include:
The relationship between the parties involved
The age and mental state of the person being influenced
The amount of pressure used
The nature of the transaction
The impact of undue influence can be devastating. It can lead to a person making decisions that are not in their best interest. Or decisions that cost them money or property. It can also result in a person signing a will, contract, or other legal document that is not in their best interest.
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