200.04. Will Contest-Undue Influence-Proof of Specific Conduct and Presumption From Fiduciary Relationship

200.04 Will Contest--Undue Influence--Proof of Specific Conduct and Presumption From Fiduciary Relationship The plaintiff may establish undue influence as a ground of invalidity in two ways. First, he may introduce proof of specific conduct alleged to constitute undue influence. If you find that the plaintiff has proved undue influence by evidence of specific conduct, then your verdict should be that the document is not the valid last will of [name of decedent]. Second, he may establish undue influence as a ground of invalidity by proving 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 2. 3. 4. 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. If you find that each of these propositions has been proved, your verdict should be that the document is not the valid last will of [name of decedent]. If you find that the plaintiff has not proved undue influence by evidence of specific conduct, and if you further 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