The Elements for the Claim of Undue Influence

In Nevada, the elements for the claim of Undue Influence are:

  1. At all times relevant hereto, Defendants enjoyed a confidential relationship with [TESTATOR];
  2. [ALTERNATIVE] [TESTATOR]’s physical condition affected [HIS/HER] ability to withstand Defendants’ undue influence
  3. [ALTERNATIVE] [TESTATOR]’s mental condition affected [HIS/HER] ability to withstand Defendants’ undue influence;
  4. Defendants unduly influenced [TESTATOR] and unduly influenced [HIS/HER] decisions;
  5. [TESTATOR] made dispositions regarding [HIS/HER] property while under Defendants’ undue influence;
  6. The unnaturalness of [TESTATOR]’s disposition demonstrates an unbalanced mind or a mind easily susceptible to undue influence;
  7. Defendants’ demands and importunities affected [TESTATOR] and [HIS/HER] decision making, taking into consideration the time, place, and surrounding circumstances;
  8. Plaintiff has suffered damages; and
  9. Plaintiff is entitled to an award of attorney fees and costs as damages.



The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by NLB. Please see

Leave a comment