50 State Undue Influence Project: Idaho Undue Influence Expert Definitions

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. Twelfth up, Idaho.

In re: Estate of Roll, 115 Idaho 797, 799 770 P.2d 806, 808 (1989):

“A will may be held invalid on the basis of undue influence where sufficient evidence is presented indicating that the testator’s free agency was overcome by another.”

 

Gmeiner v. Yacte, 100 Idaho 1, 607, 592 P.2d 57, 62-63 (1979):

“Undue influence is demonstrated through proof of four elements:

  1. A person who is subject to undue influence;

  2. An opportunity to exert undue influence;

  3. A disposition to exert undue influence; and

  4. A result indicating undue influence occurred.”

Evidence relevant to the question of undue influence includes the following:

  1. The age and physical and mental condition of the one alleged to have been influenced;

  2. Whether the testator had independent or disinterested advice in the transaction;

  3. The providence or improvidence of the gift or transaction,

  4. A delay in making the transaction or gift known to others;

  5. The consideration or lack or inadequacy thereof for any contract made;

  6. Necessities and distress of the person alleged to have been influenced;

  7. The testator’s predisposition to make the transfer in question;

  8. The extent of the transfer in relation to the testator’s whole worth;

  9. Failure to provide for the testator’s own family in the case of a transfer to a stranger, or failure to provide for all of the testator’s children in case of a transfer to one of them

  10. Active solicitations and persuasions by the other party; and

  11. The relationship of the parties.

A particular transaction in a will is suspicious if it seems “unnatural, unjust, or irrational.” An unnatural disposition should cause a court to scrutinize the entire will.

 

Idaho Statutes § 15-3-407:

Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation.

 

In re: Lunder’s Estate, 74 Idaho 448, 454, 263 P2.d 1002, 1006 (1953):

“[I] t is not necessary to prove circumstances of either actual domination or coercion; that the only positive and affirmative proof required is of facts and circumstances from which undue influence may be reasonably inferred,” (citing In re Estate of RANDALL, 60 Idaho 419, 421, 93 P.2d 1, 1 (1939).

 

Idaho Jury Instruction IDJI 6.28.6: Defense of undue influence (CONTRACTS)

To establish the defense of undue influence, the party must prove each of the following propositions:

  1. The party was compelled to accept the contract by deceit, force, or fear;

  2. But for the deceit, force, or fear, the party would not have entered into the contract.

A person has a right by fair persuasion or argument to induce another person of sound mind to contract in his favor, and a transaction under such influence will not be invalid on that account.

Expert Witness, Forensic Psychology, Geropsychology, probate law, Undue InfluenceMax Wachtelundue influence, 50 State Project