Can an intestate succession be challenged on the basis of undue influence?

In Minnesota, yes, an intestate succession can be challenged on the basis of undue influence. According to Minnesota Law, a person who challenges an intestate succession must prove both that the decedent was subject to undue influence and that the influence affected the disposition of the decedent’s property. To support a challenge of undue influence, a challenger must prove that the person influenced the decedent’s decisions, that the person doing the influencing had a confidential relationship with the decedent, and that the decedent was a vulnerable person. When determining whether a person was vulnerable, the court will consider the person’s age, mental capacity, relationship to the person alleged to have unduly influencing the decedent, and any other acts or patterns of behavior that indicate the person was vulnerable to the influence. When the court finds that undue influence played a role in an intestate succession, it may invalidate or modify the current succession. If the court invalidates the succession, the court will follow the rules of intestate succession to determine who should be the beneficiaries of the estate.

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Can an intestate succession be challenged on the basis of undue influence?

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