Undue Influence

Question 1

What is the effect of undue influence on a will?

Answer 1

Invalidated in whole or in part

Question 2

Define undue influence

Answer 2

When a person exerts influence that overcomes a testator’s free will and judgment

Question 3

What are the four factors to prove a prima facie case of undue influence?

Answer 3

1. Testator had a weakness (physical, mental, or financial) that made him susceptible to influence;
2. The wrongdoer had access to the testator and an opportunity to exert influence;
3. The wrongdoer actively participated in drafting the will; AND
4. There is an unnatural (unexpected) result

Question 4

When is there a common law presumption of undue influence?

Answer 4

1. Confidential relationship existed between testator and wrongdoer;
2. Wrongdoer actively participated in drafting of the will; AND
3. An unnatural result occurred