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Undue Influence - Essential Elements
1996- Wills and Gifts
C - 40.25
The essential elements which must be proven to invalidate a Will on the grounds of undue influence are as follows:

1) The Testator was subject to undue influence;

2) An opportunity existed for a person to exercise undue influence over the Testator;

3) The person with the opportunity to exercise undue influence over the Testator was disposed to exercise such influence; and

4) The Testator's Will is the product of such influence.
 
In re Estate of Otto, 494 NW2d 170 (ND 1992)
Okken v. Okken Estate, 348 NW2d 447 (ND 1984)
In re Estate of Burris, 72 NW2d 884 (ND 1955)