After the father died, it was learned that the daughter had induced her father to make a will leaving the family home to her as well as all his stocks and bank accounts. First, she argued that the trial court abused its discretion in allowing the daughters to re-open their case-in-chief to call her as a witness after Eve had rested her case. The disinherited beneficiaries filed a claim against the estate alleging that the will should be set aside due to undue influence by the niece. P.C. The Center for Agricultural Law and Taxation does not provide legal advice. The Indiana Court of Appeals was not persuaded. Undue influence is not the only reason probate litigation becomes necessary. Then the burden shifts to the person who conducted the influence to rebut the presumption by presenting evidence to the contrary. But in November 2014, Stuart again changed his will, naming Amelia sole executor and beneficiary of his residual estate, and rescinding Wylies bequest. The onus in this type of relationship is on the person with influence to prove that he was not using his position to take advantage of the other party. Don't miss the crucial news and insights you need to make informed legal decisions. 21. . October 2020 The MLO Minute: By, Jessica Wilson, Esq. Stuart made the last alteration to his estate plan in January 2016, leaving his estate to Amelia and providing Wylie with only $200,000. That number is expected to grow to 19% of the population by 2030. Can A Spouse Commit Undue Influence? About a year later, one of the brothers wrote a letter to the disinherited nieces and nephews expressing his concern about the nieces influence on his sister. The trial court was convinced that Eve exercised undue influence over William due to multiple facts presented at trial, including the dramatic shift in his estate plan only one month before his death and Eve's involvement in procuring his will and surrendering his life insurance policy. Undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person. Top 5 Must Know Facts for your California Undue Influence Case In re Livingstons Will, 5 N.J. 65, 71 (1950); In re Will of Liebl, 260 N.J. Super. Undue Influence: Tittle v. Dahm, --- So. 3d --- 2020 WL 6053264 These case law examples showcase the ambiguities that are widely present in undue influence definitions. Bert is also involved in a couple of real estate development deals around town. In the loan contract, the son (principal obligor) agreed to reimburse the guarantor in the event of a default.

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