Many people do not realize that when a beneficiary is active in procuring a will it generally creates a presumption of undue influence. Whether a beneficiary was “active” in procuring the will" is fact driven but a presumption may arise from something as minor as taking the decedent to the lawyer’s office.
The take home message for a potential beneficiary is to urge the benefactor to get independent advice and then stay out of the way. For the relative who suspects mischief the best starting place is the circumstances surrounding the execution of the will.
