Tests

Question 1

Undue Influence

Answer 1

Must prove through circumstantial evidence and the burden is on the objectant to prove incapacity

1. Confidential relationship
2. Suspicious Circumstances

a. T was susceptible to undue influence
b. Alleged wrongdoer had an opportunity to exercise undue influence
c. Wrongdoer had a disposition to exercise undue influence
d. The will or part of the will appears to be the result of the alleged undue influence.