Whether your client is transferring wealth via a testamentary gift or an inter vivos gift, ensuring that both capacity and voluntariness are present are essential elements necessary to ensuring enforcement of a will.  This paper provides a review of case law that deals with the impact of undue influence on wills. Topics discussed include the specific indicia of testamentary undue influence, which party bears the burden of proof, and suggested best practices for an estate planning lawyer.

This paper is part of a collection presented at LESA’s 50^th Annual Refresher in Lake Louise from May 7–9^th, 2017.