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The court will look at all circumstances when a testator drafted the will.grand p?¡§re image by Emmanuel MARZIN from Fotolia.com
Provide evidence to the court that undue influence was present during the creation of the will due to the person’s mental or physical capacity. Courts will look at the testator’s age and health condition during the drafting and execution of the will. - 2
You must show that the proponent had only self-interest in mind.Very bad news image by Hunta from Fotolia.com
Show the court the proponent was not only in a position to influence the testator, but also had a motive to exert that influence. For example, you can also provide proof of the third party's financial instability, thus giving him a motive to exert undue influence. - 3
Look for obvious or suspicious writing that favors the third party.write image by Adam Borkowski from Fotolia.com
Provide proof that the proponent had actually taken part in helping draft the will. You can demonstrate this through the will itself, showing how the actual wording betrays an untoward outside influence.
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