What does Undue Influence Mean in a Will Contest?
When someone has exerted undue influence on the testator, this generally means the person has used persuasion, manipulation, coercion or force to destroy or impede the testator’s power to make his or her own decisions. In other words, the testator’s free will to make decisions about the distribution of his or her property was overpowered by the influencer. A claim of undue influence differs from a will challenge based on a claim of unsound mind. A testator may be unduly influenced without completely lacking testamentary capacity. Even someone of perfectly sound mind may be persuaded or intimidated to dispose of his or her property in a way the person would not otherwise have done in the absence of undue influence. Proving Confidential Relationship and Active Procurement in a Will Contest Key to a showing of undue influence is proof of a confidential relationship between the testator and the person alleged to have unduly influenced the testator. If a substantial beneficiary under the wi
