contest of will
contest of will 遗嘱的争议 指意图使遗嘱检验归于无效的争议，包括拒绝检验和提起诉讼要求宣布检验无效。遗嘱的争议也可指对遗嘱本身效力的争议，例如，主张立遗嘱人在立遗嘱时欠缺行为能力或受到不正当影响〔undue influence〕。
Search Results for: UNDUE INFLUENCE
abrogation of adoption
abrogation of adoption. Family law. An action brought by an adoptive parent to terminate the parent–child relationship by annulment of the decree of adoption. • An adoption may be nullified if it resulted from fraud, misrepresentation, or undue influence, or if nullification is in the child’s best interests. — Also termed annulment of adoption. Cf.
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unfair persuasion
unfair persuasion. Contracts. A type of undue influence in which a stronger party achieves a result by means that seriously impair the weaker party’s free and competent exercise of judgment. • Unfair persuasion is a lesser form of undue influence than duress and misrepresentation. The two primary factors to be considered are the unavailability of
suggestion
suggestion, n. 1. An indirect presentation of an idea (the client agreed with counsel’s suggestion to reword the warranty). 2. Procedure. A statement of some fact or circumstance that will materially affect the further proceedings in the case (suggestion for rehearing en banc). 3. Archaic. Wills & estates. UNDUE INFLUENCE. — suggest (for senses 1
captation
captation (kap-tay-sh[schwa]n).Civil law. Coercion of a testator resulting in the substitution of another person’s desires for those of the testator. • The term formerly applied to the first stage of a hypnotic trance. Cf. UNDUE INFLUENCE . [Cases: Wills 154. C.J.S. Wills § 345.]
independent advice
independent advice. Counsel that is impartial and not given to further the interests of the person giving it. • Whether a testator or donor received independent advice before making a disposition is often an important issue in an undue-influence challenge to the property disposition. — Also termed proper independent advice.
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