The claim requires influence that destroyed free agency rather than mere persuasion or affection. Many states shift the burden where a confidential relationship combines with suspicious circumstances or active participation in procurement.
Direct evidence is rarely available.
Alternative Names:
Undue Influence Claim|Improper Influence
Why it Matters?
Burden shifting is what makes these claims viable, since direct evidence of coercion almost never exists and the presumption arising from a confidential relationship plus suspicious circumstances places the burden on the beneficiary to prove the transaction was fair. Rebutting requires evidence of independent legal advice, the testator's consistent expressed intent, and absence of the influencer from the drafting process.
Frequently Confused with
Related terms
Frequently asked questions
Why is burden shifting decisive?
What rebuts the presumption?
