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. Eighth up, Delaware.

Matter of Langmeier, 466 A.2d 386, 403 (Del. 1983):

Undue influence is defined as “excessive or inordinate influence considering the circumstances of a particular case.”

“The degree of influence exerted over the testatrix must be such as to subjugate her mind to the will of another, and to compel her to make a will that is not her own, but that reflects the mind of another,” (quoting IMO Last Will and Testament of Ethel Smith C.A. No. 8532-MA (January 8, 2015).

In re Estate of Reed, 1995 WL 694423 (Del Ch. Oct. 25, 2005):

The undue influence must have been in operation upon the mind of the testatrix at the time of the execution of the will.

In re Estate of West, 522 A.2d 1256, 1264 (Del. 1987):

In order for a court to find undue influence, the following elements must be demonstrated by a preponderance of the evidence:

1. A susceptible testatrix;

2. The opportunity to exert influence;

3. A disposition to do so for an improper purpose;

4. The actual exertion of such influence; and

5. A result demonstrating its effect (quoting IMO Last Will and Testament of Ethel Smith C.A. No. 8532-MA (January 8, 2015).

Delaware Pattern Jury Instructions 19.10 (CONTRACTS-Undue Influence):

A person whose agreement to a contract was brought about by undue influence that denied the person’s free choice is not bound by that agreement. Undue influence has four elements:

1. A person is subject to undue influence;

2. An opportunity to exercise undue influence;

3. A disposition of the alleged oppressor to exert this influence; and

4. A result indicating the presence of undue influence.

Delaware Pattern Jury Instructions 19.11 (CONTRACTS-Undue Influence, Confidential Relationship):

If the parties to a transaction stand in a confidential relationship with each other, there is a presumption that the transaction is not valid if the person in the superior position obtains a benefit at the expense of the person in the inferior position when the person in the inferior position has not had the benefit of competent independent advise in the matter. The person in the superior position has a duty to advise the other to seek independent advice and, when this advice is indispensable, to see that the advice was obtained before proceeding with the transaction. Confidential relationships are those, for example, between an attorney and a client; a doctor and a patient; a stockbroker and a customer. Competent independent advice means the advice of an attorney or other professional who is able to provide unbiased and complete information about the transaction and who has no personal interest in it.

Delaware Code § 31-39-3092(11) Exploitation:

“[A]n act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.”

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