UNDUE INFLUENCE IN WILLS IN THE US

Undue influence as a vice of the testator´s consent is far more found by US courts than by Spanish Judges. Is it because most of the wills are not executed in front of notaries?; or because spouses and relatives can be disinherited by the testator?. Is there really, then, a freedom of testation in the US?. Is the American doctrine of the undue influence still useful to protect such a freedom?. Should Spanish Notaries and Judges learn any lesson from it, applicable to Spanish testaments?

Speaker: Luis Fernando Muñoz de Dios Saez, Notary