Undue Influence
Proving undue influence is often hard in an inheritance dispute. Many facts come into play when undue influence is involved. These facts include frail health, physical dependency, false affection, relationship poisoning, threats and mistreatment, and involvement in the execution of documents by and in favor of the alleged abuser. Undue influence can also be a strong mind over a weaker mind.
Relationship poisoning and undue influence.
What is relationship poisoning in the context of a will contest? A Texas court held that when a person makes negative remarks about a person’s children and negatively reinterprets historical events, the jury can consider these acts relationship poisoning. The jury can find undue influence based on the relationship poisoning, and the verdict will be upheld. 340 SW 3d 769. While relationship poisoning alone may or may not be sufficient proof of undue influence, if it has occurred, it needs to be brought to the court’s attention because it will assist the court in determining if undue influence has occurred.
