N.C.P.I.—Civil 860.20

“Was the execution of propounder's exhibit (state number) procured

by undue influence?”1

You are to answer this issue only if you have answered issue(s)

(state number) in favor of the propounder.

On this issue the burden of proof is on the caveator. 2 This means

that the caveator must prove, by the greater weight of the evidence, that

the execution of propounder's exhibit (state number) was procured by

undue influence.

Undue influence occurs when a decedent's professed act is not the

decedent’s own but is, in fact, the act of another person exerting the

influence.3 Influence is undue when it causes the decedent to make a will

which the decedent would not have otherwise made.4 The undue influence

must act upon the free will of the person at the time the person executes

the will.5

The existence of undue influence is for you to determine from all

the facts and circumstances in evidence.6 You may consider, together

with all the other relevant facts and circumstances:7

1. Old age and physical and mental weakness.

2. That the person signing the paper is in the home of the beneficiary

and subject to the beneficiary’s constant association and

supervision.

3. That others have little or no opportunity to see the person.

4. That the will is different from and revokes a prior will.

5. That it is made in favor of one with whom there are no ties of

blood.

6. That it disinherits the natural objects of the decedent’s bounty.

7. That the beneficiary has procured its execution.

[(state any other relevant factors supported by the evidence)]

(Undue influence does not necessarily involve moral turpitude or

even a bad or improper motive.)8

(Mere persuasion, without more, is not undue influence. A person

may use fair argument and persuasion to induce another to execute a will

in his or her favor.)9

(Influence gained by kindness and affection, without more, is not

undue, even if it induces a person to make an unequal or unjust

disposition of the decedent’s property.)10

Finally, as to this issue on which the caveator has the burden of

proof, if you find by the greater weight of the evidence that the execution

of propounder's exhibit (state number) was procured by undue influence,

then it would be your duty to answer this issue “Yes“ in favor of the

caveator.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue “No“ in favor of the propounder.