Can a testator be unduly influenced when they are incompetent?
An appeals court recently had to decide if a jury’s verdict that the testator lacked testamentary capacity and their verdict that the testator was unduly influenced was so conflicting that the verdict had to be set aside. If a jury verdict has an irreconcilable conflict, the court is obligated to reverse the case. In general, [...]
What influence is “undue?”
A will can be denied probate because the testator was under undue influence when the will was executed. What evidence is sufficient to prove undue influence is case specific. What may be considered by a jury as undue influence in one case may not be in another case. Undue influence implies the existence of testamentary [...]
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