Wills, Trusts, and Estates

Undue Influence

Undue influence prevents a will from being voluntary when:

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