Estate of Sarabia

Carr & Mussman, William E. Mussman and William E. Mussman III for Contestant and Appellant.

Carr, Smulyan & Hartman, George M. Carr and Yale H. Smulyan for Claimant and Respondent.

OPINION

POCHE, J.

(1a) The law of California allows a will to be refused admission to probate if it is the product of undue influence exercised by a beneficiary 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 purely quantitative definition. In light of its radical departure from existing precedent and practices governing will contests, we reject this contention and affirm.

Decedent Guillermo Sarabia (also known as William Winston) was a professional opera singer who spent almost all of his adult life living and working in Europe. Beginning in 1978 decedent lived first in Germany and then in the Netherlands…