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Proving Undue Influence

A summary of the rules and recent case law.

Claims of undue influence are on the rise. More wills, testamentary gifts and inter vivos gifts are challenged as being void because of undue influence. The increase is due in part to more individuals writing wills and making significant gifts at later ages. Put bluntly, the older the testator or donor, the more likely that he suffers from loss of memory or dementia. With more testators and donors being age 80 or older, more will have memory deficits or dementia, and more wills and gifts will


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