Legal Question in Wills and Trusts in California
love letters
can personal letters be used to prove un due influence
2 Answers from Attorneys
Re: love letters
May be. One would need to authenticate the letters and they would have to be relevant to the issue. No blanket answer can be given. One would have to analyze the issue in the context of a lawsuit and what has to be proved.
Re: love letters
As with many legal issues, the answer can be determined by logic. If someone is claiming that you said or did something that unfairly influenced another person to act in your favor, unless there is some other valid reason to protect that behavior, would you not think that documents in writing would be useful to show that undue influence? as Mr. Roth says, you have to look at the particular facts to decide if the letters are really relevant [will they lead to information that is admissible at trial, even if the initial documents are not admissible themselves].