Wills, Trusts, and Estates
Undue influence is when someone exerts such influence so as to overbear the donor's free will and make him make a transfer he otherwise would not have made.
Undue influence prevents a will from being voluntary when:
- The donor was susceptible to undue influence
- The alleged wrongdoer had an opportunity to exert undue influence R3P § 8.3
The burden to show undue influence is on the person who contests the will.
- Although the burden may be given to the proponent of the will if he was a fiduciary of the decedent.