36-5. Business Case Problem with Sample AnswerUndue Influence. Susie Walker executed a will that left her entire estate to her grandson. When her grandson died, Susie executed a new will that named her great-grandson as her sole beneficiary and specifically disinherited her son, Tommy. At the time, Tommy's ex-wife was living with Susie. After Susie died, Tommy filed a suit, claiming that her will was the product of undue influence on the part of his ex-wife. Several witnesses testified that Susie had been mentally competent when she executed her will. Does undue influence appear likely based on these facts? Why or why not? [In re Estate of Walker, 80 A.D.3d 865, 914 N.Y.S.2d 379 (3 Dept. 2011)] (See Wills.)

36-5.Sample AnswerUndue Influence.

No, undue influence does not appear to have occurred in this problem. To invalidate a will on the basis of undue influence, a plaintiff must show that the decedent's plan of distribution was the result of improper pressure brought by another person. Undue influence may be inferred if the testator ignores blood relatives and names as a beneficiary a nonrelative who is in constant close contact and in a position to influence the making of the will.

In this problem, although Tommy's ex-wife lived with Susie Walker and was thus in a position to influence Susie's will, she was not a beneficiary under it, so there is no inference of undue influence. Moreover, neither of the wills that Walker executed left any property to her son, so there was no indication that she had been influenced to change her mind regarding the distribution of her estate. Additionally, she expressly disinherited her son, and several witnesses testified that she was mentally competent at the time she made the will.

In the actual case on which this problem is based, the court presumed that Walker's will was valid.