• 1996 - Undue Influence - Essential Elements
  • C-40.25
    • Wills And Gifts
    • Wills And Gifts

  • The essential elements which must be proven to invalidate a Will on the grounds of undue influence are as follows:

     

    1) The Testator was subject to undue influence;

     

    2) An opportunity existed for a person to exercise undue influence over the Testator;

     

    3) The person with the opportunity to exercise undue influence over the Testator was disposed to exercise such influence; and

     

    4) The Testator's Will is the product of such influence.

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    • In re Estate of Burris, 72 NW2d 884 (ND 1955)
    • In re Estate of Otto, 494 NW2d 170 (ND 1992)
    • Okken v. Okken Estate, 348 NW2d 447 (ND 1984)
  • Notes: