In most cases in which a plaintiff brings a lawsuit — whether it be for breach of trust or even a personal injury claim — the plaintiff must prove causation. In other words, the plaintiff must demonstrate that the defendant’s improper conduct actually caused cognizable harm to the plaintiff. In certain circumstances, like medical malpractice…
Legal Articles
Undue Influence in Wills, Trusts, Deeds, Nonprobate Transfers: Factors
Wills, trusts, deeds, and nonprobate transfers (e.g., beneficiary designations, transfer on death or payable on death arrangements) are sometimes challenged on the basis of undue influence. Undue influence is when one individual induces another by “active conduct” to provide a substantial benefit through the transfer of property. Undue influence cases are evaluated on a case-by-case…