In an effort to provide a better understanding for what undue influence expert psychologists look for when forming opinions about whether undue influence occurred in the execution of a will, trust, beneficiary designation, or other contractual document, I am highlighting the statutes, case law, and jury instructions specific to all 50 states. Each will be in its own blog post. Fiftieth up, Wyoming.

Melcher v. Benson (In re Estate of McLean), 2004 WY 126, 99 P.3d 999:

With respect to the claim of undue influence, we have stated that the party alleging the exercise of undue influence must present competent evidence establishing:

The relations between the one charged with exercising the undue influence and the decedent affording the former and opportunity to control the testamentary act;
That the decedent’s condition was such as to permit subversion of her freedom of will;
That there was activity on the part of the person charged with exercising undue influence; and
That such person unduly profited as beneficiary under the will (citing Matter of Estate of Looking, 810 P.2d at 129 (quoting in re Nelson’s Estate, 72 Wyo. 444, 266, P.2d 238, 252 (1954))).

Kibbee v. First Interstate Bank, 2010 WY 143, 242 P.3d 973:

The party contesting the will bears the burden of proving undue influence by presenting evidence clearly demonstrating that the testator’s free agency was destroyed and his volition was substituted for that of another.

Meyer v. Meyer, 2014 WY 91, 330 P.3d 263, 269:

When it comes to proving undue influence in the creation of a testamentary document, this Court has consistently stated that the party claiming a will or trust was the product of undue influence has the burden of proving each of the elements by clearly demonstrative evidence.

Bergren v. Bergren, 77 Wyo. 438, 317 P.2d 1101 (1957):

Courts must zealously scrutinize transactions between parties who are in a confidential relationship. Part of that scrutiny is requiring the recipient of the property to establish that the transaction was fair and conducted in good faith.

The rules as to the validity of gifts between parties in a fiduciary relation are applied with greater strictness to a gift inter vivos, by which a donor parts with something for which he still has use, than to a gift by a will.

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