What is undue influence?

To raise a presumption of undue influence of a testator in making a will, the evidence must show three things.  First, that the testator was “enfeebled in mind” when the will was executed.  Second, that someone benefitted by the will stood in a position of trust with respect to the testator or that the testator depended upon the person.  Third, that the testator had previously expressed an intention to make a contrary disposition of his or her property.

Kevin W. Mottley
Kevin W. Mottley, Richmond, VA trial lawyer dedicated to handling brain and other serious injury claims