Recognized circumstances include the beneficiary procuring the attorney, presence during execution, isolation of the testator, unnatural disposition, secrecy, and a sudden change from prior estate plans.
They combine with a confidential relationship to shift the burden.
Alternative Names:
Suspicious Circumstances Factors|Indicia of Undue Influence
Why it Matters?
Beneficiary procurement of the drafting attorney is the most probative circumstance, since a person who selected counsel, transmitted instructions, and attended the signing has participated in the instrument's creation in a way disinterested beneficiaries do not. Attorney files documenting who initiated contact and who communicated the testator's wishes are accordingly the central discovery. Unnatural disposition alone rarely suffices.
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Frequently asked questions
Which circumstance is most probative?
What discovery matters most?
