Undue Influence Claims
Generally speaking, undue influence is the claim that pressure was used to force a Testator (the person making the Will) to execute a Will leaving assets in a particular way, to make a direct gift while alive, or to sign a contract. The key element is that the influence was so great that the Testator, donor (gift giver), or party to the contract had lost the ability to exercise his/her judgment and could not refuse to give in to the pressure. Evidence of such dominance may result in invalidation of the Will, gift, or contract by a court if the Will, gift, or contract is challenged. Undue influence is the most common ground for Will contests and is often accompanied by a capacity challenge.