In re Estate of Saucier
Mississippi Court of Appeals
908 So. 2d 883 (2005)
Jerry, cared for by his girlfriend and caretaker Tatum (defendant) with whom he discussed marriage, executed a second will leaving his entire estate to Tatum, who helped prepare it and was present when he signed it at a bank, witnessed by bank employees who testified Jerry appeared of sound mind and that Tatum did not seem to overbear the process; this second will replaced an earlier will leaving most of the estate to Jerry's son, and Jerry's father James (plaintiff) contested the second will as the product of Tatum's undue influence. The chancery court found Tatum successfully rebutted the presumption of undue influence, and James appealed.
Whether a presumption that a will's beneficiary exerted undue influence over the testator exists if a confidential relationship exists between the testator and beneficiary, and the beneficiary is actively involved in the will's drafting or execution.