Undue Influence

The use of power or influence over a testatorThe individual who creates a will. or settlorThe individual who creates a trust. in such a way that it keeps them from acting according to their own free willA legal document which expresses a person’s final wishes about what happens to their property after they pass away, often specifically identifying intended beneficiaries for specific items of property.. When a person is named as a beneficiaryA person for whom property is held, e.g., in a trust, or who is to receive something as a result of a legal instrument, e.g., a will or insurance policy. and actively participated in procuring the will or trustAn arrangement in which property interests are legally held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary). which names them as a beneficiary, a probateThe legal proceeding by which a decedent’s testamentary document, such as a will, is proven to be valid, and the subsequent procedure of administering the decedent’s estate. court may recognize a presumption of undue influence.