What is Undue Influence? Edit By Clayton Krohn | April 11, 2016 The Will was created as a result of undue influence if it is proven that the Testator created a Will which he would not have otherwise made without such influence. The undue influence must act on the Testator’s free will at the time he or she signed the Will. Some of the more important factors that will be considered by the jury include:
- the age, physical and mental condition of the Testator;
- the dependence on and the type of relationship with the person who exerted the influence;
- the failure to include persons in the Will who would naturally be expected to receive property from the Testator;
- whether the writing is different from a prior Will; and
- whether the new Will revokes the prior Will and the degree to which the Testator was influenced to sign the new Will.
North Carolina case law says that Undue Influence does not necessarily involve moral turpitude or even a bad/improper motive. Also, persuasion, without more, does not rise to the level of Undue Influence. Case law also indicates that influence gained by kindness and affection, without more, does not rise to the level of Undue Influence, even if the Testator makes unequal distributions as a result of the kindness and affection.