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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

'Unfair' will doesn't equate to undue influence

Wednesday, July 05, 2017 @ 8:52 AM | By Matthias Duensing

It is a fundamental principle of contract law that parties to a contract must mutually consent to a contract’s terms. A contract can be voided if one party’s consent was given under domination or duress. Courts may, for instance, set aside testamentary documents that are created in circumstances where the testator, grantor or donor was subject to “undue influence.”

While the doctrine of undue influence is an important tool for challenging suspect wills or transactions, a person must be able to point to facts showing that...