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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

A legal document is invalid if signed under such pressure that it&nbsp;reflects the intent of the influencer rather than the signer.&nbsp;

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Undue influence claims are common in cases in which a person with some level&nbsp;of mental decline changes their estate plan to exclude heirs or treat heirs unequally.&nbsp;

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The contestant typically argues that the person who benefitted from the estate plan unduly influenced the mentally declining person and the estate plan is invalid.  

Michigan judicial decisions reflect that it can be challenging to prove undue influence. A recent example: The Court of Appeals in November 2018 in&nbsp;<em>Krum&nbsp;</em>upheld the lower court’s decision dismissing the undue influence claim.&nbsp;<em>Krum&nbsp;</em>hammers home some important points of these claims: the person making the undue influence claim has the burden of proof, mere opportunity or motive to influence a person is not&nbsp;the same as actually unduly influencing a person, and speculation&nbsp;that the person was unduly influence is not evidence. &nbsp;

Partner

Laura E. Morris

David L.J.M. Skidmore

Probate Litigation

Trusts and Estates

Undue Influence Claims—Getting Harder to Win

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Undue Influence Claims—Getting Harder to Win

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