the amount of pressure which one uses to force someone to execute a will leaving
assets in a particular way, to make a direct gift while alive or to sign a contract.
The key element is that the influence was so great that the testator (will writer),
donor (gift giver) or party to the contract had lost the ability to exercise his/her
judgment and could not refuse to give in to the pressure. Evidence of such dominance
of another's mind may result in invalidation of the will, gift or contract by a
court if the will, gift or contract is challenged. Participation in preparation
of the will, excluding other relatives being present when the testator and the attorney
meet, are all evidence of undue pressure, and an imbalance or change in language
which greatly favors the person exercising the influence is a factor in finding
undue influence. Example Pete Pounder constantly visits his aunt Agnes while she
is ill and always urges her to leave her mansion to him instead of to her son. Pounder
threatens to stop visiting the old lady, who is very lonely, tells her she is ungrateful
for his attention, finally brings over an attorney who does not know Agnes and is
present while she tells the attorney to write a new will in favor of Pounder.
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