Illinois Jury Instruction - Threats Against The President
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FAQ
Undue Influence Influence is ?undue? when it ?prevents the testator from exercising his own will in the disposition of his estate? such that the testator's will is rendered more the will of another. Id., 69 Ill. Dec. at 963.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
While Wills can always be challenged, Will contests are largely unsuccessful. It is common knowledge among Illinois attorneys experienced in Probate matters that 99% of Will contests fail. This is especially true if the Will in question was prepared by a competent attorney.
The precise test for undue influence again varies by state, but typically the contestant must establish that the undue influencer destroyed the free will of the person executing the will so that the desire of the undue influencer took over for the desires of the victim.
?Undue influence? occurs when a person executing a will or trust (?a testator?) has his or her own will overpowered by another's improper or wrongful constraint or persuasion, which causes the person executing the will or trust to act in a way he or she would not have acted in the absence of the undue influence.
Mistakes when creating a will, such as failing to have witnesses present at the signing, might eventually lead to the Illinois probate courts invalidating the document and refusing to enforce it when someone dies.
The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.