Review of Reviews: The New Undue InfluenceReview of Reviews: The New Undue Influence
David Horton, the Martin Luther King, Jr. professor of law at the University of California, Davis, School of Law in Davis, Calif. and Reid Kress Weisbord, distinguished professor of law at Rutgers Law School in Newark, N.J. and the Judge Norma L. Shapiro Scholar.
In “The New Undue Influence,” professors Horton and Weisbord examine common law and statutory approaches to undue influence as a means of invalidating bequests as well as whether these approaches adequately meet the public policy reasons behind them. The article addresses the common law approach to undue influence as “the problem child of inheritance law,”1 which represents “a hazy combination of fraud and duress [which] supposedly invalidates bequests that a beneficiary obtained by overriding the volition of a vulnerable testator or settlor.”2 As a member of the Undue Influence Committee of the Michigan Probate Council that’s exploring the potential introduction of a statutory presumption of undue influence in Michigan, I found the arti...
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