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Home / Opinion Digests / Presumption of undue influence clarified (access required)

Presumption of undue influence clarified (access required)

Where the testator’s will left everything to his niece, his daughter was entitled to a presumption of undue influence but the presumption disappeared once the niece provided sufficient evidence to rebut it. As a result, the burden of persuasion remained with the daughter, and because she produced insufficient evidence as a matter of law that her ...