Illinois Jury Instruction - Interstate Transmission Of Extortionate Communication
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FAQ
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.
Instruction 501.5(c), as amended, sets out the proposition that if the defendant caused the injury, loss, or damage to the claimant, he or she is responsible for any injury, loss, or damage caused by medical care or treatment reasonably obtained by the claimant.
Mistakes when creating a will, such as failing to have witnesses present at the signing, might eventually lead to the Illinois probate courts invalidating the document and refusing to enforce it when someone dies.
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.
While Wills can always be challenged, Will contests are largely unsuccessful. It is common knowledge among Illinois attorneys experienced in Probate matters that 99% of Will contests fail. This is especially true if the Will in question was prepared by a competent attorney.
If the court admits evidence that is admissible against a party or for a purpose ? but not against another party or for another purpose ? the court, on timely request, must restrict the evidence to its proper scope and instruct the jury ingly.
?Undue influence? occurs when a person executing a will or trust (?a testator?) has his or her own will overpowered by another's improper or wrongful constraint or persuasion, which causes the person executing the will or trust to act in a way he or she would not have acted in the absence of the undue influence.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.