This article addresses both the will and the revocable trust as vehicles to accomplish gratuitous property dispositions, and analyzes the requisite mental capacity necessary to convey property during life and after death. This article focuses on undue influence in such situations, and the use of constructive trusts as remedial tools to rectify cases of undue influence. The author concludes by proposing that because of the existence of available and adequate probate and trust remedies, trust beneficiaries harmed as a result of undue influence should first resort to the equitable remedy of constructive trusts before being able to pursue a legal remedy through tort claims against the importuning party.
Mark R. Siegel,
Unduly Influenced Trust Revocations,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol40/iss2/4