Wills, Trusts, and Estates

Undue Influence

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:

  1. The donor was susceptible to undue influence
  2. 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.