<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by btb726:
Please explain the term Undue Influence
<HR></BLOCKQUOTE>
My response:
It is the substitution of another's will for that of the testator so that the product is not that of the testator.
For example, take this conversation between adult son and aged mother:
Son: Mom are you writing your Will?
Mom: Yes, I am, honey dear.
Son: Have you decided who you're leaving the house to?
Mom: Why, yes I have.
Son: Who?
Mom: I've decided to leave the whole house to your brother Tom.
Son: You know, Mom, I've been taking care of you for the last 10 years, making sure that you're fed, clothed, and everything else. Without me, you can't survive.
Mom: So, what's your point, son?
Son: My point is, if you don't leave the house to me, I'm walking out that door right now, and leaving you alone.
Mom: Well, perhaps I was a bit hasty with the house. Since I can't take care of myself, and I can't be left alone, I'll re-write my Will and give you the house, even though Tom was always my favorite.
Son: Good thinking Mom.
That's undue influence. Mom never intended to leave the house to Son. She always wanted to leave it to Tom. But, because of the perceived threats to her safety and wellbeing, Mom changed the Will. She had no choice.
Remember, this is but one example and scenario of Undue Influence. There are many differing situations and fact patterns that can lead up to such a conclusion by a court.
Good luck to you.
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited November 04, 2000).]
