In the absence of a fiduciary relationship, a preponderance of the evidence is sufficient to prove undue influence. In a case of first impression, In re Estate of Bethurem, 313 P.3d 237 (Nev. 2013), the Supreme Court of Nevada held that in the absence of a fiduciary relationship between the person accused of undue influence and the testator, undue influence may be proved by the preponderance of the evidence which means that the contestant must show that the disposition of property in the will was “more likely than not” the result of undue influence.
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.
