Illinois Competence - Form of Verdict
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How to fill out Competence - Form Of Verdict?
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FAQ
Undue influence occurs when an individual is able to persuade another's decisions due to the relationship between the two parties. Often, one of the parties is in a position of power over the other due to elevated status, higher education, or emotional ties.
Section 725 ILCS 5/115-14 - Witness Competency (a) Every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter, except as provided in subsection (b).
The law is that undue influence exists where one person wrongfully exercises control over another so as to substitute that person's will for the will of the other. Undue influence is more than just advice or persuasion or an appeal to [defendant's name]'s(s') own reasoning.
A general verdict is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant; a special verdict is that by which the jury find the facts only, leaving the judgment to the Court.
Three successful undue influence cases in the last decade are those of Schrader v Shrader [2013], Schomberg v Taylor [2013] and Re Chin [2019].
Rule 606 - Competency of Juror as Witness (a)At the Trial. A member of the jury may not testify as a witness before that jury in the trial of the case in which the juror is sitting. If the juror is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.
The precise test for undue influence again varies by state, but typically the contestant must establish that the undue influencer destroyed the free will of the person executing the will so that the desire of the undue influencer took over for the desires of the victim.
Undue Influence Influence is ?undue? when it ?prevents the testator from exercising his own will in the disposition of his estate? such that the testator's will is rendered more the will of another. Id., 69 Ill. Dec. at 963.
