200.03. Will Contest-Undue Influence Based Entirely on Unrebutted Presumption Arising From Fiduciary Relationship

200.03 Will Contest--Undue Influence Based Entirely on Unrebutted Presumption Arising From Fiduciary Relationship To establish undue influence as a ground of invalidity, the plaintiff must prove each of the following propositions: 1. That there was a [[principal-agent] [attorney-client] [other fiduciary relationship arising as a matter of law] relationship between [name of beneficiary] and [name of decedent]] [relationship between [name of beneficiary] and [name of decedent] whereby [name of beneficiary] exercised dominance over [name of decedent] and [name of decedent] was dependent upon [name of beneficiary]]; That [name of decedent] reposed trust and confidence in [name of beneficiary]; That [name of beneficiary] [prepared] [or] [caused the preparation of] the document purporting to be the last will of [name of decedent]; and That [name of beneficiary] received a substantial benefit under the terms of the document, when compared to other persons who have an equal claim to [name of decedent]'s bounty. 2. 3. 4. If you find that each of these propositions has been proved, then your verdict should be that the document is not the valid last will of [name of decedent]. If you find that any of these propositions has not been proved, then your verdict should be that the document is the valid last will of [name of decedent] [unless the plaintiff has proved one of the other alleged grounds of invalidity]. 1