Lack of Evidence Demonstrating that Undue Influence Was Exerted Upon a Susceptible Testator is Grounds for Dismissal of a Will Contest

Fether v. Conkey, 3rd Dist. App. No. 4-31-01, 2013 Ohio 3196. A will contest was filed by the residuary beneficiary of Decedents Will, who was Decedents sister. Shortly after being diagnosed with cancer, Decedent drafted a Will giving his farmland, the most valuable asset in the estate, to an individual who worked on his farm with him and whom he considered a son, and the residue to his sister and her children. Decedents sister filed a will contest seeking to invalidate Decedents Will based upon the undue influence of the individual receiving the farm and Decedents caretaker who did not receive anything under Decedents Will but was nominated to serve as executor of Decedents estate. The trial court found that there was no evidence that Decedent had been unduly influenced to make his Will, specifically to bequest his farmland to someone other than his sister. The plaintiffs could not identify who unduly influenced Decedent, how the undue influence occurred or that undue influence resulted in an invalid Will. The dismissal of the will contest was affirmed.