WILLS-UNDUE INFLUENCE

The right to dispose of one's property at death is one of the more important rights attaching to the ownership of property. Undoubtedly the philosophy behind will statutes is that the presumptive heirs of a man have no claims upon his property and that a testator may do with his property as he pleases within other rules of law. There is more to protecting this right than merely giving effect to a paper presented as the testator's will. The courts must carefully scrutinize this paper to be sure that it actually represents the will of this testator.

One of the things from which the testator will be protected is referred to in the cases as "undue influence." However, if the right to dispose of one's property at death is to be diligently safeguarded, it is equally important to have a wise definition of undue influence. This right is equally destroyed if a jury or judge may disregard the will merely because they disapprove of its terms.