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. Nineteenth up, Maine.

In Re Crockett, 147 Me. 173, 84 A.2d 808 (1951):

Undue influence is influence, in connection with the execution of the will and operating at the time the will is made, amounting to moral coercion, destroying free agency, or importunity which could not be resisted, so that the testator, unable to withstand the influence, or too weak to resist it was constrained to do that which was not his actual will but against it.

In the making of a will, undue influence is exerted, where the mind of the nominal maker of the document, in yielding to the dominancy and supervision of another's designing mind, does what otherwise the ostensible actor would not have done.

The true test is the effect on the testator's volition. It must be sufficient to overcome free agency, so that what is done is not according to the wish and judgment of the testator.

Estate of Turf, 435 A.2d 1087 (Me. 1981):

Most prominent among the circumstances which have been taken as evidence of undue influence are, (1) the existence of a confidential relationship between the testator and the one who is asserted to have influenced him; (2) the fact that the testator had disposed of his property in an unexpected or unnatural manner.

Estate of Bridges, 565 A.2d 316, 317 (Me. 1989):

A person may be pressured to make a will that would otherwise not have been made, but that pressure to make a will is not enough to prove undue influence regarding the contents of the will.

In Re Will of Fenwick, 348 A.2d 12 (Me. 1975):

Kindness, entreaty, the offer of inducements to gain the making of a will in one's favor, is legitimate, so long as he who made the will had the free choice to make it or not.

Undue influence need not be proven by direct evidence. By its nature undue influence is difficult to establish through direct evidence and must admit of proof by circumstantial evidence and the inferences to be drawn therefrom (citing In re Dilios' Will, 156 Me. 508, 167 A.2d 571 (1960))

[Undue influence] is never inferred from mere opportunity or interest, though these facts if shown should weigh with other facts.

Moreover, "mere inequality, however great, in the distribution of . . . property. . . is no evidence of undue influence. . . . Few wills could stand if such were the test,” (citing Paradis, Appellant, 147 Me. 347, 361, 87 A.2d 512, 519 (1952)).

M.R.S.A. 33 §§ 1021-1025:

“Dependent,” with respect to an elderly person, means wholly or partially dependent upon one or more other persons for care or support, either emotional or physical, because the elderly person: (A) Suffers from significant limitation in mobility, vision, hearing, emotional or mental functioning or the ability to read or write; or (B) Is suffering from a major illness or is facing or recovering from major surgery.

“Elderly person” means a person who is 60 years of age or older.

“Less than full consideration,” with respect to a transfer of property, means the transferee pays less than fair market value for the property or the transfer is supported by past consideration.

“Major transfer of personal property or money” means a transfer of money or items of personal property which represent 10% or more of the elderly dependent person’s estate.

“Transfer:” testamentary transfers are outside the scope of this act.

Presumption: in any transfer of real estate or major transfer of personal property or money for less than full consideration or execution of a guarantee by an elderly person who is dependent on others to a person with whom the elderly dependent person has a confidential or fiduciary relationship, it is presumed that the transfer or execution was the result of undue influence, unless the elderly dependent person was represented in the transfer or execution by independent counsel. When the elderly dependent person successfully raises the presumption of undue influence by a preponderance of the evidence and when the transferee or person who benefits from the execution of a guarantee fails to rebut the presumption, the elderly dependent person is entitled to avoid the transfer or execution and entitled to the relief set forth in section 1024.

Confidential or fiduciary relationship. For the purpose of this section, the transfer of property or execution of a guarantee is deemed to have been made in the context of a confidential or fiduciary relationship if the transferee or person who benefits from the execution of a guarantee had a close relationship with the elderly dependent person prior to the transfer or execution. Confidential or fiduciary relationships include the following:

A family relationship between the elderly dependent person and the transferee or person who benefits from the execution of a guarantee, including relationships by marriage and adoption;
A fiduciary relationship between the elderly dependent person and the transferee or person who benefits from the execution of a guarantee, such as with a guardian, conservator, trustee, accountant, broker or financial advisor;
A relationship between an elderly dependent person and a physician, nurse or other medical or health care provider;
A relationship between the elderly dependent person and a psychologist, social worker or counselor;
A relationship between the elderly dependent person and an attorney;
A relationship between the elderly dependent person and a priest, minister, rabbi or spiritual advisor;
A relationship between the elderly dependent person and a person who provides care or services to that person whether or not care or services are paid for by the elderly person;
A relationship between an elderly dependent person and a friend or neighbor; or
A relationship between an elderly dependent person and a person sharing the same living quarters.

When any of these relationships exist and when a transfer or execution is made to a corporation or organization primarily on account of the membership, ownership or employment interest or for the benefit of the fiduciary or confidant, a fiduciary or confidential relationship with a corporation or organization is deemed to exist.

M.R.S.A. 18-C § 6-408 Capacity of transferor; undue influence of transferor (nonprobate transfers on death):

Undue influence: In addition to any other criminal or civil causes of action or relief at law or equity, Title 33, chapter 20 applies to transfers under this part.

M.R.S.A. 18-C § 3-407 Burdens in contested cases:

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