Asbridge v. Longoria (In re Est. of Holmes)

To establish that a will resulted from undue influence, the will challenger must show that decedent and the will beneficiary had a confidential relationship, and at least "slight evidence" of suspicious circumstances surrounding the will's creation or execution.

The trial court determined that decedent's 2015 will was superseded by a 2017 will. Further, the court found that decedent had no confidential relationships, meaning there would be no presumption of undue influence. Appellant challenged those determinations. Respondent argued that the challenged will reflected decedent's independent wishes and was not the result of the beneficiaries' undue influence.

To establish that a will resulted from undue influence, the will challenger must show that the decedent and the beneficiary of the contested will had a confidential relationship and show “slight evidence” of suspicious circumstances surrounding the creation or execution of the will. Despite some evidence of suspicious circumstances (such as the will's drafting by one of the beneficiaries and hiding the will's execution from the disinherited sibling) the court determined that the 2017 will did not result from undue influence as there was insufficient proof of a confidential relationship.

"Affirmed."