Indications of Undue Influence

Recognized indications of undue influence include

  • Provisions that are unnatural, cutting off from any substantial bequests the natural objects of the decedent’s bounty;
  • Dispositions at variance with the decedent’s intentions, expressed before and after the document’s execution;
  • Relations existing between the chief beneficiaries and the decedent that afforded the former an opportunity to control the testamentary act;
  • A testator whose mental and physical condition was such as to permit a subversion of his or her freedom of will; and
  • A chief beneficiary under the will or trust who was active in procuring the execution of the instrument.

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