Category: Undue Influence

In probate actions, a party has standing to challenge the probate of a will or a lifetime transfer of assets because of undue influence, if he or she is a beneficiary, either testate or intestate

Where parties enjoy a relationship in which confidence is naturally inspired or reasonably exists, the person who has gained an advantage due to that confidence has the burden of proving that no undue influence was used to gain that advantage

When an executor or trustee commits the pernicious tort of undue influence, it should result in an award of all reasonable counsel fees and costs

Not all influence is “undue” influence

Elements necessary to create a presumption of undue influence

Persuasion is not undue influence if freedom of will remains intact

The burden of establishing a lack of testamentary capacity is upon the one who challenges its existence and that burden must be sustained by clear and convincing evidence

Bank accounts are often referred to as poor man’s wills

Although parent-child relationships are among the most natural of confidential relationships, the mere existence of family ties does not create a confidential relationship

Undue influence

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