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The court may instruct the jury before or after the arguments are completed, or at both times.
?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.
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.
Rule 51 governs instructions to the trial jury on the law that governs the verdict. A variety of other instructions cannot practicably be brought within Rule 51. Among these instructions are preliminary instructions to a venire, and cautionary or limiting instructions delivered in immediate response to events at trial.
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.
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.
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.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.