Massachusetts Appeals Court August 1, 2007, No. 06-P-1722 (In re the Estate of Moretti)

Berry, J.

This appeal involves application of the rule set forth in Cleary v. Cleary, 427 Mass. 286 (1998), and Rempelakis v. Russell, 65 Mass. App. Ct. 557 (2006), which shifts the burden to a fiduciary to prove the absence of undue influence in a challenge to a will naming the fiduciary as beneficiary.