What is Undue Influence in the Context of a Will Contest?
During a Will Contest, a party challenging a Will may assert that the Will was the product of undue influence being exerted over the decedent by the party who benefited by the disputed Will so that the will-maker loses his/her ability to make their own decisions.
It must be demonstrated that such influence destroyed the free agency and will of the person over whom it was exerted upon.
This type of coercion may be mental, moral, or physical, or a combination of all three. The influence must rise to a level to preempt the testator from following the dictates of his or her own mind and will and, instead, accepting the domination and influence of another. There must be shown a weakness of mind and that the desire of the testator was distorted by the imposition of a stronger dominating influence. A party who may give care and assistance to the testator does not mean, in itself, that undue influence has occurred to destroy the free will of a testator.
Undue influence is typically demonstrated through witness testimony and perhaps relevant documents such as medical records, which evidence that another individual exercised mental, moral, or physical exertion, or all three, over the decedent.
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