During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question ...

Undue influence occurs when a person’s free will is overpowered and replaced by the will of another. In Missouri, a finding of undue influence generally requires the person who exerted influence to ...

It seems that every will contest includes a claim of undue influence along with the more standard claims of lack of testamentary capacity and lack of due execution. But, undue influence is certainly ...

Imagine that your widowed father finds himself caught up in a whirlwind “romance” with a woman who seems all too interested in his money. Or that your mother has “fallen in love” with her senior ...

The fifth is relationship poisoning. A sibling might exclude other siblings from visiting an elderly parent or tell the ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

Over the last several months, our courts have issued multiple decisions stemming from litigation involving claims of undue influence. Cases have emanated from courts in more than half of the counties ...

The potential for undue influence has become increasingly significant in this era of digital interconnectivity. Undue influence can distort our perceptions, manipulate our decisions, and sometimes ...

Navigating the Carpenter Presumption: Court-Made Exceptions to the Carpenter Case and The Statute That Followed. In the 1971 Florida case of In re Carpenter’s Estate, The Supreme Court of Florida held ...