ID S1322

Creates a rebuttable presumption of undue influence for devises or bequests to nursing home, residential, assisted living facility operators, employees, or healthcare providers who cared for the testator within one year of death.

Extends the undue influence presumption to inter vivos gifts (gifts made during lifetime) to the same categories of caregivers and facility operators during the period care was provided to the donor.

Defines "relative" as individuals related by blood within the third degree, spouses, individuals related to spouses within the third degree, or individuals in adoptive relationships within the third degree, which are exempt from the presumption.

Defines "time period" as starting from commencement of care and ending at the earlier of: one year after care cessation or the testator's death.

Exempts charitable or benevolent societies, corporations, and entities from the undue influence presumption, and excludes wills of persons who died accidentally if the will was executed before the accident.