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Litigating an Undue Influence Case?

Carefully examine the circumstances of the testator’s life surrounding the time of will execution to help prosecute and defend such a claim.

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 no throw-away claim. Indeed, properly pleaded and proven, undue influence can carry the day even if you fail to prove any of the other claims.

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