second contest over the mother's estate.


    Psychiatrists are generally familiar with the issues involved in testamen-
tary capacity, but not with the nuances involved in undue influence.  The
legal factors in determining undue influence where the will of one party is
substituted or imposed on the testator has been reviewed.  Most important
are circumstances where the testator has some degree of mental impair-
ment, where a person in a position of trust imposes his or her will on a
testator and is a beneficiary in some way, where there are unusual circum-
stances that raise such a question.  In particular, a lawyer who prepared
a will in which he is a beneficiary will be vulnerable to a charge of undue

    Examples of actual occurrences have been presented.  They illustrate the
fact that psychiatric evaluation may be most important in determining the
validity of a will even where there is no finding of testamentary incapacity.
In such cases, the psychiatric or other medical information is only one factor
to be considered by the judge along with other elements to be considered
by the court.

    Undue influence is therefore another area of the law about which foren-
sic psychiatrists should be familiar and knowledgeable.  Hoepfully this
review will serve that purpose.


1.  79 Am. Jur. 2d 575, S. 425 S. 494
2.  94 C.J.S. 1059. S. 221 et seq.
3.  1 Page on Wills 711, Seq. 14.1 et seq.
4.  5 Clapp. Wills and Administration, New Jersey Practice.  Series (3d Ed). 131.