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Circumstantial Proof of Undue influence
[edit]Undue influence can be proven using circumstantial evidence, notably evidence of the one or more of the following badges of undue influence.
- a physically weak and mentally impaired testator
- a will unnatural in its provisions
- a lately developed and comparatively short period of close
relationship between the testator and the principal beneficiary
- participation by the beneficiary in the physical preparation of the will
- the possession of the will by the beneficiary after it was written
- efforts by the beneficiary to restrict contacts between
the testator and the natural objects of his bounty
- absolute control of testator's business affairs by a beneficiary.
[Supreme Court 1994-CA-002830]
Moreover, once undue influence has been thus proven, it is possible for the plaintiff to demand repayment of all money and goods that the defendant received from the deceased prior to their death. The burden of proof then falls on the defendant to demonstrate that the decedent was willing and able to enter into each and every transaction.
http://wiki.riteme.site/wiki/Undue_influence#Undue_influence_in_probate_law