The Elements for the Claim of Undue Influence

Nevada elements06/02/2021

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.

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By NLB

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