Winston v. Gibbs

Opinion

POCHÉ, J.

The law of California allows a will to be refused admission to probate if it is the product of undue influence exercised by a *603beneficiary under the will. A person contesting a will on this ground is aided by a presumption of undue influence if the contestant produces evidence that the beneficiary (1) had a confidential relationship with the decedent (2) was active in procuring the will and (3) “unduly” profited from it. The issue presented on this appeal by a losing contestant is whether the probate court erred in not instructing the jury that the concept of undue profit has a…