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.
What is undue influence?
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