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UNDUE INFLUENCE: DEFINITIONS AND APPLICATIONS

UNDUE influence : DEFINITIONS AND APPLICATIONS A PROJECT SUPPORTED BY THE BORCHARD FOUNDATION CENTER ON LAW AND AGING FINAL REPORT March 2010 Mary Joy Quinn Project Director Eileen Goldman Consultant Lisa Nerenberg Consultant Deana Piazza Supervising Research Analyst California Administrative Office of the Courts UNDUE influence : DEFINITIONS AND APPLICATIONS Final Report to the Borchard Foundation Center on Law and Aging March 2010 Introduction In 2009, the Superior Court of California, County of San Francisco, undertook to study the phenomenon of UNDUE influence , supported by a grant from Borchard Foundation Center on Law and Aging. The impetus for the project arose from the lack of a definition of UNDUE influence in the California Probate Code. The term itself appears in the Probate Code where the execution of wills is concerned (California Probate Code 6104 (2010)), when a gift is in question (California Probate Code 21350 (2010)), and in other sections concerned with will contests and prohibited transferees.

undue influence to be defined in the Probate Code, specifically in the conservatorship section, consistency in the handling of cases would be further enhanced. The one-year project used both quantitative and qualitative approaches.

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