Kim v. Kim and the “Benefit” Element of Presumed Undue Influence
Kim v. Kim is about the “benefit” required to establish a presumption of undue influence in the testamentary context.
At the time of his death, Scott Kim was married to Lili Kim. He had two children from a prior relationship.
Eight days before his death, while receiving treatment for a terminal condition, Scott executed a revocable trust and a pour-over will. Scott’s brother, Brian Kim, who is an attorney, prepared the documents. The trust contains…