Undue influence is typically more subtle than overt duress

Michael:"So my father went to see this bandleader and offered him $10,000 to let Johnny go, but the bandleader said no. So the next day, my father went back, only this time with Luca Brasi. Within an hour, he had a signed release for a certified check of $1000. Kay: How did he do that? Michael: My father made him an offer he couldn't refuse. Kay: What was that? Michael: Luca Brasi held a gun to his head, and my father assured him that either his brains or his signature would be on the contract." The above passage from TheGodfather is not typical of the type of undue influence alleged in most will contests. The bandleader had a choice between signing the paper or losing his life.  Naturally he chose the former option. In real life, undue influence is rarely so obvious.  It typically involves a pattern of interaction between the influencer and the testator, sometimes stretching over a period of years. Typically the influencer isolates the testator and exerts overt, yet sometimes subtle, influence to coerce the making of a will benefiting the influencer.  The key in evaluating a potential undue influence claim is distinguishing the encouragements of a relative or a friend for a testator to remember her in his will, from deceptive, manipulative and coercive actions. Texas Undue Influence LawTexas Inheritance Disputes