Arizona Supreme Court Declines to Add a Ninth Factor When Considering Undue Influence

 

Examining the non-exclusive factors that are treated as significant indicia of the presence or absence of undue influence in the execution of a testamentary document, as found in In re Estate of McCauley, 101 Ariz. 8, 10-11 (1966), the Arizona Supreme Court declined to add a new ninth factor, statements that a grantor made after executing a deed, though such statements may be relevant in some cases alleging undue influence.  A grantor’s post-execution statement is relevant to an undue influence claim if it addresses the grantor’s state of mind or mental condition, or the circumstances present, at the time of the execution of the document.  Rosenberg v. Sanders, CV-22-0170-PR, 12/11/23.   

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