Matter of Estate of Maheras

Summary

The court held that a person who receives no personal benefit under a will may nevertheless be legally capable of exerting undue influence when the person stands in a confidential relationship with the will-maker and actively participates in procuring or preparing the will. Because those circumstances were shown and the proponent did not rebut the resulting presumption, the court reinstated and affirmed the district court's order denying probate. The court deemed testamentary capacity moot after sustaining the undue-influence ruling.