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Undue influence often arises when a friend or family member falls ill. For example, mom has been diagnosed with cancer and her boyfriend influences her to change her estate plan so that all mom's assets go to him instead of to her kids.
There is no requirement that persons responsible for undue influence have a fraudulent state of mind. The elements of undue influence include overcoming by means of coercion the sound judgment and free will of the testator so that she does something contrary to her true wishes.
While it is true that Massachusetts does not permit the filing of an alienation of affection or criminal conversation lawsuit, we always encourage those who feel wronged to talk about their experience with our attorneys.
Undue influence: the concept. The equitable doctrine of undue influence operates to release parties from contracts that they have entered into, not as a result of improper threats, but as a result of being 'influenced' by the other party, whether intentionally or not.
Defamation is when one person makes a materially harmful false statement of fact about another person, business, or entity. Vermont's defamation laws mirror federal slander and libel standards.
To prove undue influence, demonstrate these four elements: 1) The victim's vulnerability, 2) The wrongdoer's apparent authority, 3) The specific tactics and actions exerting influence, and 4) Evidence of the resultant change in the victim's decisions due to the influence.
In prosecutions for public nuisances, possible relief for the City may include damages and injunction relief, as well as orders to authorize the City to remedy the nuisance, if possible, and charge the offending party. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff.