Presumption of Undue Influence Overcome

Objectants to will failed to produce any evidence of lack of testamentary capacity when the will was signed, but produced evidence of a power of attorney establishing a confidential relationship, that the proponent of the will received a substantial benefit under the will through his role as trustee of a charitable trust, and that the decedent was showing noticeable symptoms of dementia and a weakened intellect, and so undue influence is presumed. However, the proponent produced clear and convincing evidence that the decedent had long intended to disinherit his family and that the will was not the product of undue influence. Rosemeier Estate, 12 Fid.Rep.3d 38 (Clinton O.C. 2021).

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