Undue influence is a well-established and popular ground for challenging a will. However, proving undue influence is notoriously difficult. Although best described as murky, many clients often believe the existence of undue influence is obvious in their situation: their evil stepmother pressured their vulnerable father, their conniving cousin insinuated himself into the heart of their gullible aunt. The question is: do the stories amount to sufficient proof? If not, where else to look? As long as undue influence remains emotionally appealing to clients, practitioners will continue to look for ways to confirm its existence.
Read the full paper here: The Herculean Task Of Proving Undue Influence by Justin de Vries and Gillian Fournie