Is There a Presumption of Undue Influence Upon the Testator When the Attorney Drawing the Will Is Made a Beneficiary Therein?

Authors

Robert Palmer

Abstract

In the recent California case of In re Ersekson's Estate, a will was contested on the ground of undue influence practiced upon the testator by the attorney drawing up the will and who was made one of the residuary legatees thereunder. This case raises the quite common and interesting problem often found in a will contest as to whether a presumption of undue influence exists, placing the burden of proving no such influence on the proponents of the will, when the attorney who draws up the instrument is named as one of the beneficiaries therein It is the purpose of this comment to discuss this problem, but before so doing it will be necessary in order to better understand the question to briefly analyze the general topic of undue influence and fraud as a ground for setting aside a will.

First Page

46

Recommended Citation

Robert Palmer, Notes and Comments, Is There a Presumption of Undue Influence Upon the Testator When the Attorney Drawing the Will Is Made a Beneficiary Therein?, 10 Wash. L. Rev. 46 (1935).
Available at: https://digitalcommons.law.uw.edu/wlr/vol10/iss1/5