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Steve Bliss Law San Diego Estate Planning Attorney Trust Attorney

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Address: 3914 Murphy Canyon Rd a202, San Diego, CA 92123
Phone: (858) 278-2800

Excessive Influence Meaning

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Excessive impact is the pressure that a person person may enforce on another that conquers their will. In numerous instances including undue influence, the individual influencing the other has an unique relationship. This might be a family relationship, legal representative relationship, firm relationship or caretaker. This unique relationship creates a chance that the individual will be more active in drafting the will.

Proving Excessive Impact

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Proving excessive impact can be difficult since the testator is usually not readily available to question because many of these cases arise after the testator has actually died. The court can look at other witnesses for information, consisting of lay witnesses like loved ones members. It might likewise hear statement from specialist witnesses, including doctor who can go over the testator’s psychological state. Expert witnesses might also be called to discuss what unnecessary impact is and offer examples relating to when unnecessary impact has actually emerged.

Problem of Proof

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In unnecessary impact cases, the problem of proof is typically higher. Normally, the plaintiff needs to show that the testator was unduly influenced by clear and convincing proof. In regular civil cases, the problem of proof is by a preponderance of the evidence, that something was most likely than not the way the complainant stated. A professional witness may have the ability to assist satisfy this heightened burden of proof.