On the other hand, the will cannot be expected to ratify wrongdoing of which decedent had no knowledge. Double damages may be awarded in a case of misrepresentation. A personal representative may file a petition for an order when the decedent died holding title to property to which some other person claims an interest. One who has, in bad faith, wrongfully taken, concealed, or disposed of property in the decedent's estate is liable for twice its value, which the personal representative may recover in an action for the estate's benefit. No cases were found stating whether obtaining the decedent's property by undue influence constitutes taking the property in the decedent's estate.
Contractual rules regarding consent determine a gift's validity.
Although a contract requires free consent, apparent consent obtained through undue influence is not free. Consent so obtained is not absolutely void but may be rescinded by the parties. The contract is thus merely voidable. App.2d 474, 476. A voidable contract still has legal effect.