Undue Influence and Gender Stereotypes: Legal Doctrine or Indoctrination?

Authors

Veena K. Murthy, Benjamin N. Cardozo School of Law

Abstract

The note argues that the undue influence doctrine in will contests disproportionately affects female testators, reflecting and reinforcing gender stereotypes. Courts are more likely to invalidate wills of female testators, undermining their testamentary freedom, while male testators are often treated as autonomous decision-makers. This disparity stems from societal gender norms that portray women as vulnerable and men as independent.

Disciplines

Comparative and Foreign Law | Estates and Trusts | Law | Law and Gender

Recommended Citation

Veena K. Murthy, Undue Influence and Gender Stereotypes: Legal Doctrine or Indoctrination?, 4 Cardozo J. Equal Rts. & Soc. Just. 105 (1997).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol4/iss1/6