Proof of Undue Influence to Set Aside Will

Kidwell v. Pitts, Montgomery App. No. 22370, 2008-Ohio-4395. Sibling sought to invalidate the last will and testament of their stepmother which left the estate to one sibling. The court focused on the drafting lawyer's testimony as to testator's knowledge and understanding of her assets. In the court of appeals review of the evidence it noted that while there was evidence that there was an opportunity to assert undue influence by other siblings, the actual exertion of the influence was not shown and therefore they could not prove that the will was something that the testator would not otherwise have done but for the exertion of the undue influence. The court of appeals affirmed the dismissal of the will contest lawsuit.